NINTH ASSEMBLY
27 AUGUST 2020 www.hansard.act.gov.au Thursday, 27 August 2020
Legislative Assembly (Convening notice) ...... 2175 Petitions: Transport Canberra—bus terminus—petition 18-20 ...... 2175 Transport Canberra—proposed Turner bus layover—petition 11-20 ...... 2176 Parking—disabled access—petition 20-20 ...... 2177 Traffic—management—petition 19-20 ...... 2177 Arts—Live in Ya Lounge—petition 21-20 ...... 2177 Waste—proposed Fyshwick facility—petition 22-20 ...... 2178 Waste—Belconnen facility proposed closure—petition 23-20 ...... 2178 Motion to take note of petitions ...... 2179 Transport Canberra—bus terminus—petition 18-20 ...... 2179 Waste—Belconnen facility proposed closure—petition 23-20 ...... 2182 Parking—disabled access—petition 20-20 ...... 2182 Traffic—management—petition 19-20 ...... 2182 Arts—Live in Ya Lounge—petition 21-20 ...... 2182 Waste—proposed Fyshwick facility—petition 22-20 ...... 2182 Arts—Live in Ya Lounge—petition 21-20 ...... 2183 Standing orders—suspension ...... 2185 Leave of absence ...... 2185 COVID-19 pandemic response—Select Committee ...... 2185 Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Bill 2020 ...... 2187 COVID-19 pandemic response—Select Committee ...... 2190 Justice and Community Safety—Standing Committee ...... 2192 Health, Ageing and Community Services—Standing Committee ...... 2192 Public Accounts—Standing Committee ...... 2196 Economic Development and Tourism—Standing Committee ...... 2203 Integrity Commission—Standing Committee ...... 2204 Justice and Community Safety—Standing Committee ...... 2204 Public Accounts—Standing Committee ...... 2205 Executive business—precedence ...... 2205 City Renewal Authority and Suburban Land Agency Amendment Bill 2020 ...... 2205 Public Interest Disclosure Amendment Bill 2020 ...... 2208 Emergencies Amendment Bill 2020 ...... 2215 Residential Tenancies Amendment Bill 2020 ...... 2218 Sexuality and Gender Identity Conversion Practices Bill 2020 ...... 2222 Questions without notice: Taxation—Tax Reform Advisory Group ...... 2229 Planning—development ...... 2229 Land—valuations ...... 2230 Housing—affordability ...... 2231 Access Canberra—traffic infringement notices ...... 2232 Parking—Greenway ...... 2232 Education—IT security ...... 2233 Government—schools policy ...... 2234 Municipal services—footpaths ...... 2235 Health—specialist services ...... 2236 Health—specialist services ...... 2238 Canberra Health Services—staff wages ...... 2239 Government—environmental protection ...... 2240 Papers ...... 2242 Air quality ...... 2244 Supplementary answers to questions without notice: Canberra Health Services—staff wages ...... 2245 Land—valuations ...... 2245 Economic and fiscal update (Ministerial statement) ...... 2245 Residential Tenancies Amendment Bill 2020 ...... 2252 Sexuality and Gender Identity Conversion Practices Bill 2020 ...... 2253 Visitor ...... 2264 Valedictory ...... 2264 Valedictory ...... 2274 Standing orders—suspension ...... 2283 Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Bill 2020 ...... 2283 Electoral Amendment Bill 2018 ...... 2284 Adjournment: Valedictory ...... 2290 Schedules of amendments: Schedule 1: Public Interest Disclosure Amendment Bill 2020 ...... 2320 Schedule 2: Residential Tenancies Amendment Bill 2020...... 2321 Schedule 3: Residential Tenancies Amendment Bill 2020...... 2327 Schedule 4: Sexuality And Gender Identity Conversion Practices Bill 2020 ...... 2328 Schedule 5: Sexuality And Gender Identity Conversion Practices Bill 2020 ...... 2329 Schedule 6: Electoral Amendment Bill 2018 ...... 2330 Schedule 7: Electoral Amendment Bill 2018 ...... 2333 Schedule 8: Electoral Amendment Bill 2018 ...... 2334 Answers to questions: Housing ACT—building communities program (Question No 2925) ...... 2335 Public housing—supply (Question No 2927) ...... 2336 Government—tenancy services funding (Question No 2931) ...... 2340 Domestic and family violence—legislation review (Question No 2935) ..... 2344 ACT Fire & Rescue—firefighters (Question No 2939) ...... 2348 ACT Ambulance Service—paramedics (Question No 2940) ...... 2348 Health—children’s services (Question No 2996) ...... 2349 Nurse-led walk-in centres—costs (Question No 3008) ...... 2351 Municipal services—playgrounds (Question No 3041) ...... 2354 Animals—cat containment policy (Question No 3042) ...... 2355 Recycling—costs (Question No 3044) ...... 2355 Waste—audits (Question No 3045) ...... 2356 Hospitals—surgical beds and operating theatres (Question No 3054) ...... 2356 Waste collection—William Hovell Drive (Question No 3067) ...... 2358 Transport Canberra—employee expenses (Question No 3162) ...... 2359 Schools—teacher librarians (Question No 3165) ...... 2359 ACT Health—elective surgery (Question No 3167) ...... 2360 ACT Health—dental appointments (Question No 3168) ...... 2362 ACT Health—endoscopy (Question No 3169) ...... 2363 ACT Health—outpatient services (Question No 3170) ...... 2364 ACT Health—costs (Question No 3171) ...... 2366 Environment—Hackett horse paddocks (Question No 3172) ...... 2367 Planning—artificial grass (Question No 3177) ...... 2368 Land—Curtin horse paddocks (Question No 3178) ...... 2369 ACT Policing—drug and alcohol testing of officers (Question No 3179) ... 2370 Better suburbs—expenditure (Question No 3180) ...... 2371 Domestic Animal Services—dogs (Question No 3181) ...... 2372 Schools—maintenance of ovals (Question No 3182) ...... 2372 Children and young people—care subsidy (Question No 3186) ...... 2374 Municipal services—shopping centre upgrades (Question No 3189) ...... 2377 Roads—traffic signals (Question No 3191) ...... 2377 Small memorials—registration policy (Question No 3192) ...... 2378 Active travel—Kuringa Drive (Question No 3193) ...... 2379 Roads—speed limits (Question No 3195) ...... 2380 Municipal services—playgrounds (Question No 3196) ...... 2380 Environment—pest management (Question No 3198)...... 2381 Health—hydrotherapy (Question No 3199) ...... 2382 Land—Kenny (Question No 3200) ...... 2383 Transport—infrastructure (Question No 3202) ...... 2384 Roads––Beltana Road (Question No 3203) ...... 2384 Canberra Hospital—SPIRE project (Question No 3204) ...... 2385 Canberra Health Services—SPIRE project (Question No 3205) ...... 2389 Planning—number of dwellings (Question No 3206) ...... 2390 Schools—Throsby (Question No 3208) ...... 2390 Schools—restorative conferences (Question No 3209) ...... 2392 Schools—bullying (Question No 3210) ...... 2392 Parking—Dickson shops (Question No 3211) ...... 2394 Municipal services—streetlights (Question No 3212) ...... 2394 Suburban Land Agency—expenditure (Question No 3213) ...... 2395 Public housing—tenants’ income (Question No 3214) ...... 2396 Housing ACT–expenditure (Question No 3215) ...... 2398 Suburban Land Agency—sales (Question No 3216) ...... 2398 Public housing—maintenance (Question No 3217) ...... 2399 Public housing—leases (Question No 3218) ...... 2401 Housing ACT—tenancy allocation (Question No 3219) ...... 2402 Public housing—maintenance (Question No 3220) ...... 2403 COVID-19 pandemic—land tax credit (Question No 3221) ...... 2404 Schools—safety (Question No 3222) ...... 2406 Schools—safety (Question No 3223) ...... 2406 Lawson—facilities (Question No 3224) ...... 2407 Sport—ovals (Question No 3225) ...... 2409 Planning—transmission lines (Question No 3226) ...... 2410 Planning—McKellar shops (Question No 3227) ...... 2412 Roads—accident black spots (Question No 3228) ...... 2413 Children and young people—youth unemployment (Question No 3229) .... 2414 Animal deaths—Kuringa Drive (Question No 3230) ...... 2417 Animals—dogs (Question No 3231) ...... 2418 Municipal services—cyclepaths (Question No 3232) ...... 2419 Roads—traffic calming (Question No 3233) ...... 2419 Roads—traffic management (Question No 3234) ...... 2420 Transport—maintenance (Question No 3235) ...... 2420 Flynn community hub—management (Question No 3236) ...... 2421 Government—services (Question No 3237) ...... 2422 Vehicles—registration (Question No 3238) ...... 2427 Domestic Animal Services—expenditure (Question No 3239) ...... 2427 Waste—recycling (Question No 3240) ...... 2428 Trees—canopy (Question No 3241) ...... 2429 Education—international students (Question No 3242) ...... 2429 Bus layover project—Turner (Question No 3244) ...... 2431 Development—Belconnen (Question No 3246) ...... 2432 Development—Belconnen (Question No 3247) ...... 2432 Development—Belconnen (Question No 3248) ...... 2433 Care and protection orders—expenditure (Question No 3249) ...... 2434 Municipal services—footpaths (Question No 3250) ...... 2434 Municipal services—footpaths (Question No 3251) ...... 2435 Lake Ginninderra—shared paths (Question No 3252) ...... 2436 Roads—William Slim Drive (Question No 3253) ...... 2437 Transport Canberra—Fraser west bus terminus (Question No 3254) ...... 2438 Transport Canberra—disability access (Question No 3255) ...... 2439 Suburban Land Agency—sales (Question No 3256) ...... 2440 ACT Health and Canberra Health Services—asset management (Question No 3257) ...... 2441 Clubs—university research (Question No 3258) ...... 2441 Housing ACT—information technology projects (Question No 3259) ...... 2442 Suburban Land Agency—sales agents (Question No 3260) ...... 2442 Planning—Ginninderry (Question No 3261) ...... 2444 Page—works (Question No 3264) ...... 2445 Roads—maintenance (Question No 3266) ...... 2445 Transport Canberra––Ginninderry shuttle bus (Question No 3267) ...... 2447 Transport Canberra—MyWay card (Question No 3268) ...... 2448 Equestrian industry—employment (Question No 3272) ...... 2449 Equestrian industry—events (Question No 3273) ...... 2449 Animals—dangerous dogs (Question No 3274) ...... 2450 Animals—breeders (Question No 3275) ...... 2451 Municipal services—public toilets (Question No 3276) ...... 2452 Environment—ACT climate strategy (Question No 3277) ...... 2454 ACT Health—Women’s Health Service (Question No 3278) ...... 2459 Infrastructure—Stromlo leisure park (Question No 3282) ...... 2460 Roads—upgrades (Question No 3283) ...... 2460 Arts—COVID-19 (Question No 3290) ...... 2461 Municipal services—landscaping (Question No 3292) ...... 2462 Questions without notice taken on notice: Health—testing of quarantined travellers ...... 2463 ACT Health—child sex offences ...... 2463 Access Canberra—data security ...... 2464 Trade unions—CFMMEU fines ...... 2465 Hospitals—waiting times ...... 2466 Waste—Hume clean-up ...... 2467 Roads—maintenance ...... 2468 Arts—government policy ...... 2468 ACT Ambulance Service—staffing ...... 2468 Gaming—gambling harm prevention and mitigation fund ...... 2469 Housing ACT—shared equity arrangement ...... 2469 Land—valuations ...... 2470 Canberra Health Services—staff wages ...... 2470 Land—valuations ...... 2470 Answers to questions: Bushfires—financial support (Question No 3197) ...... 2470 Government—free wi-fi (Question No 3263) ...... 2472 Government—lease variation revenue (Question No 3293) ...... 2473
Legislative Assembly for the ACT
Thursday, 27 August 2020
MADAM SPEAKER (Ms J Burch) (9.30): Members:
Dhawura nguna, dhawura Ngunnawal. Yanggu ngalawiri, dhunimanyin Ngunnawalwari dhawurawari. Nginggada Dindi dhawura Ngunnaawalbun yindjumaralidjinyin.
The words I have just spoken are in the language of the traditional custodians and translate to:
This is Ngunnawal country. Today we are gathering on Ngunnawal country. We always pay respect to Elders, female and male, and Ngunnawal country.
Members, I ask you to stand in silence and pray or reflect on our responsibilities to the people of the Australian Capital Territory.
Legislative Assembly Convening notice
MADAM SPEAKER: In accordance with the terms of the resolution of the Assembly of 22 August 2019, which set the sitting pattern for the Assembly for 2020, I have received a request in writing from an absolute majority of members to amend the pattern by setting the commencement time for the 27 August 2020 sitting of the Assembly to 9.30 am. I therefore table the following papers:
Notice amending the time for commencement of the 27 August 2020 sitting of the Legislative Assembly for the Australian Capital Territory—Special Gazette No S5, Tuesday 25 August 2020. Copies of email requests to the Speaker, requesting an amendment to the 2020 sitting pattern, from the following Members:
Mr Barr Ms Lee Mr Ramsay Ms Cheyne Mr Milligan Mr Rattenbury Ms Cody Ms Orr Ms Stephen-Smith Mr Hanson Mr Parton Mr Wall Ms Lawder Mr Pettersson
Petitions
The following petitions were lodged for presentation:
Transport Canberra—bus terminus—petition 18-20
By Mrs Kikkert, from 175 residents:
To the Speaker and Members of the Legislative Assembly for the Australian Capital Territory
The following residents of the ACT draw to the attention of the Assembly:
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The Fraser West Bus Terminus is located in a solely residential area, only a few metres away from houses in Shakespeare Cres. Other streets – Carrodus St, Champion Pl, Dowthwaite St and Dunbar St – are also impacted. For many years, this minor terminus has provided space for a small number of buses to stop before resuming service.
Since April 2019, there has been a large increase in the number of buses that wait at this terminus, for more than the original facility would allow. To accommodate these buses, the government has laid gravel on former greenspaces and cut back trees.
The engines of these buses are often left idling, creating both noise and air pollution for nearby residents.
The decision to dramatically expand the usage of this terminus was made without any consultation with nearby residents.
The ACT Government plans to keep this terminus at its current location and to make some of the changes more permanent.
Your petitioners, therefore, request the Assembly to:
Call upon the ACT Government either to reduce the number of buses using this terminus to preexisting levels or to move the terminus to a more suitable location away from residential properties.
Transport Canberra—proposed Turner bus layover—petition 11-20
By Miss C Burch, from 393 residents:
To the Speaker and Members of the Legislative Assembly for the Australian Capital Territory
The following residents of the ACT draw to the attention of the Assembly that there has been inadequate community consultation on the current proposal to relocate the City West Bus Layover on Marcus Clarke Street to the corner of Barry Drive and Watson St in Turner, and to make it bigger.
The proposal for 25 buses and staff facilities would replace a temporary gravel carpark and extend into green space to the west and north in the Turner Parklands, further up Watson Street. We are concerned about: − the loss of parklands and visual amenity; − traffic management and safety; and − the noise and fumes.
Residents, businesses and workers, a childcare centre, seniors’ centre, commuters, ANU North Oval, bike skills track, churches, and pedestrians and cyclists using the popular shared pathways would be impacted, and amenity lost once construction commenced.
Canberra is one of the world’s most liveable cities. This urban open space connects to other green corridors in the inner north and should remain protected.
2176 Legislative Assembly for the ACT 27 August 2020
The Griffins’ vision was for a garden city, defined by sustainability and democracy.
Your petitioners, therefore, request the Assembly to request a community consultation process that reviews the loss of parklands and visual amenity, traffic management and safety, noise and fumes associated with the proposed bus layover in Turner Parklands.
Parking—disabled access—petition 20-20
By Ms Lee, from 140 residents:
To the Speaker and Members of the Legislative Assembly for the Australian Capital Territory
This petition of certain residents of the Australian Capital Territory draws to the attention of the Assembly that the Watson shops have only two disability parking bays and one of them is angled parking. This creates difficulties for people with limited mobility who need to access the shops, including pharmacy, particularly if unloading mobility scooters.
Your Petitioners therefore request the Assembly to call upon the ACT Government to provide at least two kerbside disability parking bays near the pharmacy on Gwynne Street, to allow easier access for those with limited mobility.
Traffic—management—petition 19-20
By Ms Lee, from 193 residents:
To the Speaker and Members of the Legislative Assembly for the Australian Capital Territory
This petition of certain residents of the Australian Capital Territory draws to the attention of the Assembly that the Watson shops are a popular destination for many Canberrans. Crossing Windeyer Street to get to the shops is often dangerous given the number of cars that travel along that street.
Your Petitioners therefore request the Assembly to call upon the ACT Government to undertake an assessment of traffic flows in the area with a view to constructing a pedestrian crossing across Windeyer Street opposite the Watson Shops.
Arts—Live in Ya Lounge—petition 21-20
By Ms Lee, from 1 resident:
To the Speaker and Members of the Legislative Assembly for the Australian Capital Territory
This petition of certain residents of the Australian Capital Territory draws to the attention of the Assembly that:
2177 27 August 2020 Legislative Assembly for the ACT
Producers within the creative industries in Canberra have received limited government funding during the COVID-19 crisis. Live in Ya Lounge, the COVID-19 live stream music program, has been forced to cease due to lack of support. For five months the event organisers have covered the base costs for 65 acts including musicians and actors for 32 live streamed shows. Revenue raising efforts included sponsorship, donations, live attendance tickets and a small festival grant, all of which have not covered the program costs.
Your petitioners therefore request the Assembly to call on the ACT Government to financially support Live In Ya Lounge by covering the venue and staffing costs to the value of $5,500 per show. This support includes a hire fee for artists and will make the program financially viable.
Waste—proposed Fyshwick facility—petition 22-20
By Ms Lee, from 12 residents:
To the Speaker and Members of the Legislative Assembly for the Australian Capital Territory
This petition of certain residents of the Australian Capital Territory draws to the attention of the Assembly that the ACT Waste Management Strategy 2011-2025 outlines the benefits arising from co-locating waste facilities in the Hume Resource Recovery Estate, including increasing resource recovery and reducing costs and traffic. We support this initiative, but it is being threatened by large waste facilities proposed in locations other than the Recovery Estate, and less than one kilometre from homes, childcare centres, food markets, cafes, retail shops, and environmentally-sensitive wetlands in Canberra’s Inner South.
Allowing these facilities to be located in Fyshwick will see waste processed too close for comfort and safety to where Canberrans live, work and play, including heightened risks of odour, dust, noise, and fire from: − putrescent organic waste, − asbestos-containing material, − shredding car bodies, − crushing construction and demolition waste, − grease trap, drilling mud and oily water liquid waste.
The waste proposed across the two Fyshwick locations is 1.4 million tonnes annually - 40% more than the total currently going to Mugga Lane (around one million tonnes). The potential impact on the well-being and safety of thousands of people who visit Fyshwick daily is affecting business confidence and threatening the jobs of 13,000 workers.
Your petitioners, therefore, request the Assembly to call upon the ACT Government to reject any proposals for waste processing facilities in Fyshwick and work with the proponents to find more suitable alternate sites.
Waste—Belconnen facility proposed closure—petition 23-20
By Ms Le Couteur, from 887 residents:
2178 Legislative Assembly for the ACT 27 August 2020
To the Speaker and Members of the Legislative Assembly for the Australian Capital Territory
This petition of certain residents of the Australian Capital Territory draws to the attention of the Assembly that it is proposed to close the West Belconnen Waste Facility and that no replacement site within Belconnen has been identified by the ACT Government.
Your petitioners therefore request the Assembly 1. To review the decision to close the current facility, 2. if the facility is to close, then identify an alternative place in Belconnen and 3. ensure that a new facility is operational before the current facility is closed.
Pursuant to standing order 99A, the petition, having more than 500 signatories, was referred to the Standing Committee on Environment and Transport and City Services.
The Clerk having announced that the terms of the petitions would be recorded in Hansard and referred to the appropriate ministers for response pursuant to standing order 100, the petitions were received.
Motion to take note of petitions
MADAM SPEAKER: Pursuant to standing order 98A, I propose the question:
That the petitions so lodged be noted.
Transport Canberra—bus terminus—petition 18-20
MRS KIKKERT (Ginninderra) (9.35): I have presented a petition signed by 175 Canberra residents who want this government to understand how deeply frustrated they are with the recent changes to the bus terminus located near their homes in Fraser. We often hear the Minister for Transport assure us that the new transport network is better for almost everyone. However, those who have signed this petition disagree, and I am pleased to make sure that their voices can be heard.
Sadly, they would like to have been heard before waking up one day to the noisy idling and coming and going of not 40 buses a day, but a staggering 173 buses per day. Their voices have been literally silenced by the deafening reality of the life-disrupting noise that has come from the dramatic expansion of the bus terminus in their previously quiet suburban street, all of which happened without any warning or consultation whatsoever.
The government’s weak attempt at trying to reduce the noise has been to put up signs at the terminus. The signs state that drivers must turn off the bus engines if they are parking for more than five minutes. However, there is an exception. If the vehicle’s operating manual specifies a longer period, the engine can be allowed to idle for more than five minutes. I have recently been made aware that the new buses, all 40 of them, require 10 minutes to warm up the engine, so drivers of the new buses are unable to switch off the engine because they are exempt from the signs that the government have put up.
2179 27 August 2020 Legislative Assembly for the ACT
The noise level of a single bus is less than 70 decibels. A lawnmower at 15 metres is 70 decibels. Because of this noise, we have a policy to encourage people to show respect for their neighbours’ sleep and peace by not using the lawnmower before 7 am. Yet the Labor government have done the opposite. Instead of showing respect to these residents, they have ignored them. Before 7 am, 18 buses leave from the Fraser bus terminus within a 90-minute window. Buses are idling, keeping the bus drivers warm, and some new buses cannot be switched off due to their specific vehicle operation. What the government has done is like bringing in eight lawnmowers and beginning to mow the grass before 7 am every single day for many long, disruptive months. This is why the residents are fed up with this situation, and they do not want to have this as a permanent place for up to eight idling buses at the terminus.
The terminus is located in the middle of a residential neighbourhood in a previously quiet suburban street. Let us talk about the street—a street that was not designed to carry this amount of weight on a daily basis. The road has cracked many times. Authorities have fixed it, but it is a temporary fix, as it will crack again due to the daily weight this street now has to carry.
The bus terminus was designed for two or three buses, yet, because of the increase in buses, an open green area has been removed and trees have been cut down to make way for extra buses to drive onto a nature strip to park. This lovely green space is now a pile of dirt road. When buses turn into the gravel-filled driveway, over time the gravel is slowly removed and the dirt reappears. The gravel has been pushed onto the footpath, creating a slippery and hazardous place to walk for nearby residents. This area needs to be swept regularly to prevent injuries.
Buses are now turning into a dirt road and causing clouds of dirt to rise. The wind picks up the dust and it lands in people’s yards, on their washing, and in their pools. A resident has had to vacuum his pool to reduce the dirt five times within two weeks. When the gravel was added, it did not help either. In fact, it was worse for him: his pool was black from the gravel.
A temporary solution to this, residents have suggested, is to close the driveway onto the dirt road to the buses and open up a driveway further down. This will be more affordable than the regular maintenance of the dirt road and constantly needing to resurface it.
This is a huge mess that the government have created, and they did it without any consultation with residents prior to this change.
MADAM SPEAKER: Mrs Kikkert, your time has expired.
MRS KIKKERT: I seek leave to finish my speech, please.
Leave not granted.
(Time expired.)
2180 Legislative Assembly for the ACT 27 August 2020
MS CHEYNE (Ginninderra) (9.41): I appreciate Mrs Kikkert’s efforts in bringing this petition—
Mrs Kikkert: Then why did you not extend my speech?
MADAM SPEAKER: Mrs Kikkert, that is enough.
MS CHEYNE: I note that, under the standing orders, everyone has five minutes maximum, for a maximum of 30 minutes.
Madam Speaker, the bus terminus expansion in Fraser has, it appears, been necessary with the increase in buses and the increase in routes and the number of services that the government has put on with the new network that began in 2019.
I appreciate that while this terminus, in its smaller form, has existed for many years, the expansion does appear to be imperfect, including the noise from the idling of the buses; the dust that has been created with the expansion; and, as Mrs Kikkert touched on, how the buses enter and exit the expanded terminus.
It is certainly not lost on me—or, I think, the other members of Ginninderra—that this is having an impact on residents, not just in Shakespeare Crescent, but in the surrounding streets. I am very grateful that they have been engaging with their local members, including me and Mrs Kikkert. In turn, I have been pleased to work with the minister’s office, especially in the last week, so let me give an update for members.
Millings, which I think are ground up asphalt, were dropped off yesterday to help with the dust. The millings will be spread and compacted.
Mrs Kikkert interjecting—
MADAM SPEAKER: Mrs Kikkert, enough.
MS CHEYNE: The millings will be spread and compacted. I was there yesterday; and I am sure that more millings will be coming so that they can be spread and compacted in the area.
On Friday, the team from TCCS will be on site consulting with residents, not just opposite the terminus, but adjacent to it and, hopefully, in the surrounding streets. I am also advised by the minister’s office that there is planning underway for a drop-in session at the site for other residents in the coming week.
I appreciate that this is very much having an impact on residents—
Mrs Kikkert: Your time is up.
MS CHEYNE: It is not. I very much appreciate that this is having an impact on residents and their lives. I hope that with these efforts, and with the government working in a genuine way with the community, there is an outcome that can be reached here that is suitable for everybody.
2181 27 August 2020 Legislative Assembly for the ACT
Waste—Belconnen facility proposed closure—petition 23-20
MS LE COUTEUR (Murrumbidgee) (9.44): I seek leave to table an out-of-order petition along the same lines as the in-order petition I just presented.
Leave granted.
MS LE COUTEUR: I table the following out-of-order petition:
Petition which does not conform with the standing orders—West Belconnen Resource Management Centre (19 signatures).
I became aware of this petition only yesterday. It is a petition for waste facilities from Belconnen, and, clearly, I am not a member for that area. However, I am very pleased to use my position here as a member to table the petition because I think that petitions are incredibly useful for communities. In the debate today we have just heard about another Belconnen issue. Petitions are an important way in which the community can tell all of us here what they would like to see happen.
The petition is about waste facilities. Without knowing the ins and outs of the particular issues in Belconnen, I and the Greens are in favour of very good waste-processing facilities for Belconnen and everywhere.
Parking—disabled access—petition 20-20 Traffic—management—petition 19-20 Arts—Live in Ya Lounge—petition 21-20 Waste—proposed Fyshwick facility—petition 22-20
MS LEE (Kurrajong) (9.45): Each of the four petitions that I tabled this morning has great merit, but apart from the fact that they have the word “petition” at the top, they have something else in common: each demonstrates a failure of this Labor-Greens government—a failure to act, to listen, to plan, to do.
The two Watson petitions are pleas from a local community who have seen their suburb grow and seen their local shops get busier but without a safe crossing on Windeyer Street to get to the shops or sufficient disability parking for those who need it. I thank the Watson pharmacist, Grace Kang, for raising the concerns of her patients with mobility issues impacted by the lack of disability parking outside the pharmacy and for raising with me her and her neighbours’ need for a safe crossing to get to the shops. I also thank the team at the Knox for hosting the petition.
The Live in Ya Lounge petition is one that impacts every ACT electorate and every Canberran. It was started by a very talented Canberra actor, Lexi Sekuless, who wanted to do something to keep Canberrans engaged and upbeat during the COVID-19 crisis—and, of course, her team. Live in Ya Lounge was created in March by a local audiovisual company, Event AV Services. They created a livestreamed music program to keep events happening safely in Canberra to support the live music industry.
2182 Legislative Assembly for the ACT 27 August 2020
For five months, Event AV Services have covered the base costs of 65 acts, including musicians and actors, for 32 live-streamed shows. Over 250 individual artists have benefited from Live in Ya Lounge; but they can no longer do it without support. At last count, the change.org petition in the same terms attracted over 600 signatures, so it is evident that Canberrans want to support local artists and enterprise.
On that basis, Madam Speaker, I seek leave to table the out-of-order petition.
Leave granted.
MS LEE: I table the following out-of-order petition:
Petition which does not conform with the standing orders—Live In Ya Lounge— Financial support.
Madam Speaker, this government claims to support the arts. It is time to show it by listening to the petitioners and walking the walk. I know that Mrs Dunne will also be speaking on this.
The last petition is from over 1,000 concerned Canberrans who have been stalled, and stalled again, on what might eventually be built on the old Shell site in Fyshwick. The government took three years to consider the EIS, and the project has changed, giving rise to uncertainty and suspicion within the community about what might actually go there.
Whilst the paper petition has only 12 signatures, the e-petition version has garnered over 1,000 signatures. My constituents want the government to say what it will do and do what it will say.
This government wants to be known as a national, if not world, leader in waste management. We have lots of glossy publications saying so; there is a government waste management strategy; and there is an identified waste management hub. It is not unreasonable to expect a government to follow its own policy blueprint, but it has not and does not. This issue will live on longer than this government and this Assembly. The community wants and deserves answers.
In each of these petitions the community are speaking. They deserve to be listened to, they deserve to be taken seriously, and they deserve action.
Arts—Live in Ya Lounge—petition 21-20
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (9.49): I want to provide some context in relation to the Live in Ya Lounge petition.
The Canberra events industry has been hit very hard by COVID-19, which is why the government has been strong and quick in its response both to the arts and the broader
2183 27 August 2020 Legislative Assembly for the ACT creative sector. We are saddened to hear that Event AV Services has made the decision to stop running Live in Ya Lounge, but the context of what has been happening is that there has been some significant level of support for that event.
Live in Ya Lounge received $15,000 as one of the successful applicants for part of the Where You Are Festival. The Live in Ya Lounge team also benefited from opportunities to work with fellow successful applicants, such as Lakespeare, which streamed Rockspeare, as well as Hands Like Houses, who will appear in the very significant Live in Ya Lounge local event this Saturday night. I encourage people to be part of it.
In addition, Venues Canberra entered into a venue hire agreement with Event AV Services, EAVS, the founders of Live in Ya Lounge, for the operation of a virtual event space. That agreement includes EAVS receiving all revenue from the ticket sales—the ticket price of $27.46—from any of the ticketed events. There was also an agreement that the EAVS would not be billed from 2 May through to 17 May to help with the start-up costs. Effectively, from 18 May EAVS were receiving discounts of $500 per event or 20 per cent of gross revenue, whichever was the greater. Ordinarily the government grant pay rate is $900 per event, so this is a significant increase.
EAVS has also been given permission to keep their equipment set up in the venue since 29 April without any charge for non-event days, rehearsals or sound checks. All of the chairs, tables and lounges are supplied free of charge by EPIC and Venues ACT. In addition, EAVS were charged no venue hire for the launch of the Rise Up Festival. They are required to pay operational costs such as for electricity, site wardens and wi-fi.
EAVS signed this agreement on 2 May, with a review on 18 May in accordance with the agreement. The agreement ended on 31 July and is now on a week-to-week arrangement. To date, EAVS has not sought any amendments or raised any concerns with Venues Canberra in regard to the agreement.
To again make sure that people are aware of the context, to date, the total waived or revenue that has been available as part of the government’s support has been $78,000. The Where You Are Festival has a fixed end date of 11 September.
The government will continue to look at the innovative ways that we can continue to support our events sector in a COVID-safe manner as the environment changes from now into the future. We look forward to the ongoing ways that our creative sector will be strong and assist Canberra as a whole to move through and beyond this pandemic.
MRS DUNNE (Ginninderra) (9.52): I want to take the opportunity to speak on the petition tabled by Ms Lee in relation to Live in Ya Lounge and to congratulate the local community who has got behind it, especially Lexi Sekuless, who has done the legwork for this petition.
It is interesting that the minister has responded to the barbs about Live in Ya Lounge. This is an extraordinarily successful and popular event, but it does not happen with no money. The event is trying to support people who would otherwise have gig fees
2184 Legislative Assembly for the ACT 27 August 2020 elsewhere and to provide them with an opportunity to still ply their trade and earn some money in this very difficult time.
The COVID committee discussed Live in Ya Lounge back in June, as I recollect. There was a recommendation in, I think, the most recent report, calling for assistance with hiring fees for the events. The government said that they would do that but there are still hiring fees for the event.
The event does take time and money to put on. This petition is calling for a modest $5,500 per show, which will cover people’s wages and keep bread on the table of people across Canberra while they are providing services.
There is a lot of money in the arts budget that is not as well directed as it could be, and I have spoken about that in the past. The minister really tried to take the acclaim for Live in Ya Lounge. It is part of a wider event which has some government leadership, but Live in Ya Lounge was essentially the stand-out star of that event and was set up beforehand. It became part of the Where You Are Festival.
Live in Ya Lounge provides a service for the people of Canberra during difficult times. It provides an opportunity for artists to strut their stuff during difficult times. If this government was interested in supporting groups, individuals and businesses in this town, which they are not, they would be behind Live in Ya Lounge and this $5,500 of pandemic assistance would be very easily forthcoming.
I commend the people involved in the petition and I commend Ms Lee for bringing it forward today.
Question resolved in the affirmative.
Standing orders—suspension
Motion (by Mr Gentleman) agreed to, with the concurrence of an absolute majority:
That so much of the standing orders be suspended as would prevent the adjournment debate for this sitting extending beyond the 30 minute time limit.
Leave of absence
Motion (by Mr Wall) agreed to:
That leave of absence be granted to Mrs Jones for today due to sickness.
COVID-19 pandemic response—Select Committee Reporting date
MR WALL (Brindabella) (9.56): I seek leave to move a motion to alter the reporting date for the select committee inquiry into the COVID-19 response.
Leave granted.
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MR WALL: I move:
That the resolution of the Assembly of 2 April 2020, as amended 7 May and 18 June 2020, which established the Select Committee on the COVID-19 Pandemic Response be amended by omitting paragraph (6) and substituting:
“(6) the Committee shall deliver its final report no later than 16 October 2020. Should the Committee determine not to prepare a final report, the Chair shall advise the Speaker in writing prior to 16 October 2020.”.
This is a decision that has been discussed between the three parties in the Assembly. It is being moved by the opposition, as we believe that there is still a need for a scrutiny mechanism beyond today’s sitting of the Assembly to be established to continue to examine the government’s response to the COVID-19 emergency in the ACT. This decision is also justified by the government’s action last week when they extended the emergency declaration by another three months, taking it through to November. They believe that there is still a need for the extraordinary powers to be enabled for the executive to make decisions during the caretaker period. We think that it is appropriate that the Assembly, as an arm of scrutiny, continue to have an oversight function in that. I will leave it to Mr Coe, as the chair of the committee, to explain it a bit more.
MR COE (Yerrabi—Leader of the Opposition) (9.58): The role of the committee is to provide scrutiny in a period when the government has extraordinary powers. I envisage that if extraordinary events or extraordinary activities take place over the coming seven weeks then that would warrant the committee asking questions. I do not see the committee’s activities continuing in their current form; I see them more as enabling us to shed further light on any extraordinary decision, especially during the caretaker period, that otherwise could not be scrutinised by this place. I may be mistaken, but I think that the caretaker convention sent around by the government also makes mention of this committee, so I think there is merit in ensuring that we have this mechanism.
It is unlikely that we will need to conduct public hearings. The committee might choose to write a letter or seek further information, but I think it unlikely that public hearings would need to be conducted over the coming seven weeks, especially in the caretaker period. However, we do need to make sure that, if extraordinary powers are exercised, we have appropriate scrutiny up to 17 October.
MR RATTENBURY (Kurrajong) (9.59): The ACT Greens also support this amendment. We supported the initial establishment of the committee. Given the extraordinary circumstances of the year—the words Mr Coe has used are right—and the additional powers passed in various pieces of legislation, we considered that it was appropriate to have a committee that could oversee those circumstances. We were operating in places no-one had anticipated government would need to operate in, in some regards.
It has been important, as we have gone through this period, for the Assembly to have the committee as an oversight mechanism. We support the extension. I welcome the
2186 Legislative Assembly for the ACT 27 August 2020 comments that Mr Coe has just made as the chair. I think that is right; it is the spirit in which we expect this committee will continue.
As we move into the caretaker period, it is the convention, of course, that government will not take significant decisions. That is a convention that we are very firmly committed to. The reflection of it in Mr Coe’s comments is that if there are extraordinary events and the government needs to use powers that would not normally be used in a caretaker period, it is appropriate that the committee be able to convene if necessary. Otherwise the committee will simply sit there with that opportunity up its sleeve and not need to use it. On that basis, we are pleased to support the extension through to 16 October.
MS CHEYNE (Ginninderra) (10.01): I echo Minister Rattenbury’s comments. The government also supported the establishment of this committee. We will speak more on the report. The committee has met, I think, 51 times since its establishment. I welcome the comments from Mr Coe in explaining this motion today.
On the basis of this explanation, the committee will exist but perhaps not work— hopefully not—at the rapid pace it has been working at. That affects not just those who will be in caretaker mode but also the committee staff. If there are extraordinary events that require extraordinary power and therefore scrutiny, I think it is reasonable that the committee continues to exist.
I appreciate that there is a final date by when the committee will report and that if it does not report, it will advise the Speaker that there is no report and it will end. I hope that we will not have to hold hearings or meet, but the government supports this motion.
Question resolved in the affirmative.
Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Bill 2020
Mr Rattenbury, by leave, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.
Title read by Clerk.
MR RATTENBURY (Kurrajong—Minister for Climate Change and Sustainability, Minister for Corrections and Justice Health, Minister for Justice, Consumer Affairs and Road Safety and Minister for Mental Health) (10.03): I move:
That this bill be agreed to in principle.
This is a bill to urgently address an administrative error that would affect the reverse auctions for renewable electricity capacity, which are close to being finalised. I will first explain the background to this, before explaining the error and how this bill seeks to resolve it.
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The ACT government has delivered the legislated 100 per cent renewable electricity target in 2020. Most renewable electricity is delivered through deeds of entitlement with 10 renewable electricity generators. These deeds were the result of previous renewable electricity auctions that provided renewable energy at lowest cost, and with a range of innovations in renewable technology, business development, skills training, and research and development in the ACT.
On 6 June 2019, this Assembly passed the Climate Change and Greenhouse Gas Reduction (Renewable Electricity Target) Amendment Bill 2019. That legislated an ongoing 100 per cent renewable electricity target post 2020, ensuring that the ACT will maintain delivery of 100 per cent renewable electricity in perpetuity. That bill received unanimous support.
On 24 October 2019, this Assembly passed the Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Bill 2019. That bill was amended to include in the act the limit for future capacity releases at 900 megawatts. The increase in capacity ensured that future renewable energy auctions could be held to meet our 100 per cent renewable electricity target over time. That bill also received unanimous support.
Following that decision, I signed a determination to release 250 megawatts of capacity to allow for capacity to be granted under a further auction. This auction was to secure enough renewable electricity supply as the ACT economy grows and we switch from fossil fuel based to more sustainable energy options.
This auction was held over 2019 and 2020 and was well received by the renewable energy industry. Through that auction, two preferred proponents have been identified. We are in negotiations with these proponents, and we are now ready to sign agreements with them after that negotiation process. These agreements will bring to fruition the process we embarked on together back in June 2019 to secure the ACT’s renewable electricity future.
Unfortunately, late last week, when preparing the necessary instruments, it was discovered that the instrument I signed in November 2019 granting a capacity release was never notified or tabled in the Assembly. This is an unfortunate and regrettable administrative error. People are only human, and sometimes mistakes are made. I am sorry that this has occurred and that the Assembly now has to consider this urgent correction.
On this occasion, a small error has large consequences. The import of this error is that, under the existing legislation, I will not be able to sign feed-in tariff entitlements for the two preferred proponents at this time. The legislation generally calls for the FIT entitlements to be signed only after six sitting days have passed following presentation to the Legislative Assembly of the capacity release.
Given the current situation of an election, a continuing health emergency and no more sitting days, this delay could be significant. It is likely that this would mean that a minister would not be in a position to sign entitlements until sometime in 2021. Such delays run two major risks.
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First, it is possible that the proponents would find alternative ways to proceed with their projects, with the ACT failing to secure the rights to their renewable electricity output. In this case, the ACT community would also lose the additional benefits of these projects in terms of technology, training, research and development, and business development support. Such a delay would be a loss to the companies that have negotiated with the government in good faith in anticipation of a decision in the near term.
The second risk is that, if these delays are extended, and especially if the current proponents decide to withdraw from the process, the auction outcomes for the ACT are considerably weaker. We may need to run a further auction or return to less attractive proposals from the recently completed auction.
Either way, the results are less attractive. If the delays are very long, there would start to be some risk that future 100 per cent renewable electricity targets would need to be met in less efficient ways.
The current bill is the proposed solution. It offers a once-only solution to the administrative error. It seeks to remove the requirement to wait before agreeing to FIT entitlements. The bill also makes the instruments granting a capacity release not subject to disallowance. This ensures that grants of FIT entitlements made under the act are not later made invalid.
This is not a solution arrived at easily. In normal circumstances I would seek an alternative, either through time or through a different parliamentary solution. Neither is available in our circumstances.
The bill makes it crystal clear that this is a special, one-off solution to a special, one-off situation. It is due to the combination of an administrative error, election timing, our current health emergency, and the special circumstances of the legislation affected. I do not anticipate that we will ever see this combination of issues in future.
I remind all members that this is done to ensure the outcomes that we have all anticipated and that have been supported by this Assembly since at least last June. There is no change to the outcome we are seeking; this is just a change to the way that we will achieve it.
In the normal course of events, the Assembly would have seen the capacity release instrument much earlier. Members would have seen that it was the embodiment of decisions already made. There is no new direction in it. Indeed, the very public auction was the process to enact the directions this Assembly had clearly agreed to.
I believe that, through this process, the scrutiny of the Legislative Assembly is maintained. If anyone does not want the results of the auction to be realised, they can vote against this current bill. I do not think that that would be consistent with the previous decisions of the Assembly, but it would be an appropriate point of scrutiny by this chamber.
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Agreeing to this bill ensures that the ACT gets the benefits of continued 100 per cent renewable electricity at the lowest cost. It also assures us that the innovation, training, technology development and business growth from the auction that underpin future growth of the territory can occur.
I look forward to support for continued ACT leadership in building the sustainable future that generations to come will deserve and expect. As has been flagged with members, we intend to bring this bill on for debate later in the day. In the meantime, I commend the bill to the Assembly.
Debate (on motion by Ms Lee) adjourned to a later hour.
COVID-19 pandemic response—Select Committee Interim report 4
MR COE (Yerrabi—Leader of the Opposition) (10.11): I present the following report:
COVID-19 Pandemic Response—Select Committee—Interim Report 4, dated 26 August 2020, together with a copy of the relevant minutes of proceedings.
I move:
That the report be noted.
Today the Select Committee on the COVID-19 pandemic response is tabling its fourth report. The committee has been in operation for just a few months and, as Ms Cheyne just said, we have had in excess of 50 meetings. To have four reports is a pretty good effort by the committee. I would like to thank my colleagues Mrs Dunne, Ms Cheyne—the deputy chair—Ms Le Couteur and Mr Pettersson for their collaborative approach.
This report is consistent with the previous three reports in that a collegiate approach was used. I think it is fair to say that some members of the committee have concerns or slightly different perspectives about some of the recommendations, but we have erred on the side of including recommendations rather than the opposite. We think it is important that as many voices as possible are heard during this time, and that is what has been encompassed in this report.
In an Assembly first, the inquiry has been held exclusively with hearings and private meetings by video link. That has been very successful, and I hope that it becomes the norm for future committees, especially for private meetings. For public hearings, being in a committee room is preferable, but for private meetings there is no reason why we cannot in the future continue with Zoom.
The committee received 23 submissions and held 21 public hearings, at which we heard from 188 witnesses. These included representatives from the ACT government,
2190 Legislative Assembly for the ACT 27 August 2020 community groups, industry bodies, advocacy groups, and individuals from across the ACT community. I would like to thank the ministers for making themselves available and for answering our questions.
It was clear to all members of the committee that the pandemic has had a very significant impact on this city, and there are some cohorts and some sectors of our community that have done it very tough. Some of these groups have obviously done it tough, but others have been below the radar. I hope that the committee has been able to expose and shine a light on some of these issues.
I hope that the government have already taken on board some of our suggestions and continue to take on board the recommendations of this report and the previous recommendations. An important recommendation in this report is to reiterate the significance and currency of the previous recommendations. I am very grateful to all those that contributed to the inquiry. This interim report has 40 additional recommendations. In total, we have over 60 recommendations.
I would like to extend my thanks to everybody in the committee office and in the Assembly for making this a reality. To the committee secretary, Annemieke Jongsma, Hamish Finlay, Danton Leary, Frieda Scott, Lydia Chung, Dennis London and Paul Crowley, thank you very much for all that you have done to make this very important scrutiny process a reality. It was a first to have such extraordinary powers, and it was a first to have a committee that acted in this way. I again reiterate my thanks to the committee members for the very collaborative and professional way in which the committee conducted its business.
MS CHEYNE (Ginninderra) (10.16): Hopefully this will be the last time that there are comments on this committee, depending on what happens over the next few weeks. I, too, want to not only commend our fourth interim report to the Assembly—perhaps final, but at this stage interim—but also put on the record my thanks to the ministers who appeared—I think almost every minister appeared—and the committee staff who, and I know we have said this before, really did go above and beyond in their establishment of the committee; in enabling us to meet, whether it was via Zoom or Webex; and in maintaining the pace at which we have been meeting for many weeks now. We have met about twice a week, with a private meeting and a hearing, if not more.
The committee secretariat has been constantly available and made things work and happen for us. It all went quite smoothly when you consider the extraordinary number of people that we have had appear before us, including individuals and community groups, not to mention the many public servants and the ministers. I want to put on the record my thanks to those public servants and ministers, particularly those who appeared very regularly, including Minister Stephen-Smith, Dr Kerryn Coleman and the Chief Minister, who willingly made that time available.
There was a collegiate and collaborative approach by the committee and by those who appeared. Very candid observations were given by those who appeared, and that helped the committee very much in its scrutiny and oversight role.
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I want to echo Mr Coe’s comments about the collaborative and collegiate nature of the committee. It has never met in person; it has all been via video. It has worked very well indeed. Politics was put aside for this extraordinary time that required a lot of effort by everybody to get through it. There was a lot of effort in that scrutiny. We have been able to get to the nub of some of the issues that have been presented.
I especially thank Mr Coe as chair. He was very fair in the way that he operated, even if sometimes he did skip over Ms Le Couteur when going to questions and went straight to Mrs Dunne—though I know it was an accident! I appreciate that we all got through it, even though, I think, each of us was on mute at some point, and that is recorded for all people to see.
I commend this interim—hopefully, final—report. There are 40 recommendations in addition to the many other recommendations that we have put forward that I believe are meaningful. Again, I appreciate the good faith with which the government have previously dealt with the recommendations and I am confident that they will do that with this report too.
Question resolved in the affirmative.
Justice and Community Safety—Standing Committee Scrutiny report 50
MS CODY (Murrumbidgee) (10.21): I present the following report:
Justice and Community Safety—Standing Committee (Legislative Scrutiny Role)—Scrutiny Report 50, dated 25 August 2020, together with a copy of the extracts of the relevant minutes of proceedings.
I seek leave to make a brief statement.
Leave granted.
MS CODY: Scrutiny report 50 contains the committee’s comments on one bill, one piece of subordinate legislation, one national regulation, seven government responses and one private member’s response. The report was circulated to members when the Assembly was not sitting. I thank the committee staff for helping us undertake our scrutiny role over this term and our legal advisers whose tireless work has helped us achieve this. I commend the report to the Assembly.
Health, Ageing and Community Services—Standing Committee Report 12
MS CODY (Murrumbidgee) (10.22): I present the following report:
Health, Ageing and Community Services—Standing Committee—Report 12— Final Report on Child and Youth Protection Services (Part 1), dated 25 August 2020, together with a copy of the extracts of the relevant minutes of proceedings.
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I move:
That the report be noted.
I would like to thank members for the opportunity to speak on the Standing Committee on Health, Ageing and Community Services’ final report on the committee’s inquiry into child and youth protection services, part 1.
Sadly, the matter of the subject of part 1 of the committee’s inquiry into child and youth protection services involved the removal of five children from the care of their mother. In that context, the committee was asked by the Assembly to analyse the 2008 court of appeal decision related to this specific case, to identify potential systemic issues that may need to be addressed, and to report these to the Assembly.
The committee presented an interim report on part 1 of the inquiry in March 2020. In the interim report, the committee set out, firstly, the overarching and inquiry-specific authorities and guiding principles that the committee needed to be cognisant of in managing this inquiry. The committee restated these principles in its final report, as they are integral to how it determined to progress this inquiry. Secondly, the committee set out how it would transition from the specific case to a broad public interest mandate in its systemic analysis of the court of appeal decision. Thirdly, it set out that its systemic analysis of the court of appeal decision would focus on two elements: matters relating to (1) the legislative framework for protecting and safeguarding children, legislation and related policies; and (2) the implementation and administration of the legislative framework, structures, systems and individual practice. Fourthly, it set out a detailed analysis of potential systemic issues that it considered may need to be addressed, along with 10 recommendations.
After receipt of outstanding information that was not available at the time, the committee presented its interim report. The final report today concludes the committee’s consideration of the matter referred to it by the Assembly. The committee thanks the minister and the directorate officials for making this information available and for meeting with it, in camera, to discuss the information.
After reviewing and considering the outstanding information, the committee is of the view that the interim report sets out a detailed and thorough examination of the extent to which the specific case might raise systemic issues.
In considering the systemic issues set out in its interim report, in its final report, the committee emphasises three concepts related to the implementation and administration of the legislative framework for protecting and safeguarding children. These are: matters related to decisions to recommence care proceedings; the concept of cumulative harm in child protection and the importance of defining, identifying, assessing and understanding this critical systemic concept; and reports to the public advocate under section 507 of the Children and Young People Act 2008.
The committee also reported on part 2 of its inquiry into child and youth protection services, examining information sharing under the Children and Young People Act 2008 on 30 July 2020. In that report, the committee made 44 recommendations,
2193 27 August 2020 Legislative Assembly for the ACT focused on the ability to share information in the care and protection system in accordance with the Children and Young People Act.
The committee is of the view that several of the recommendations made in its report on part 2 of this inquiry are relevant to addressing the potential systemic issues it has raised in relation to part 1.
The committee has approached the remit given to it by the Assembly with great care and empathy and with a deeply held concern to ensure that any potential systemic issue arising is identified and addressed.
In its examination of the referred matter, the committee has applied careful, rigorous and thoughtful consideration and has been acutely aware of and alert to the sensitivity of the issues raised by this inquiry.
The committee thanks all those who contributed to its inquiry. The committee is acutely aware that decision-making in the care and protection space affects the rights of individuals in profound and life-changing ways. The committee acknowledges that questions about, and decision-making surrounding, the care and protection of children and young people in Canberra are often controversial and complex and require a balancing of rights. In that context, those working in the care and protection space work in a challenging, tough and complex environment. Equally important is that all in the Canberra community have a role to play in the wellbeing and safety of children and young people in our community.
The committee wishes to thank all of those who have contributed to this inquiry. The contributions assisted the committee in its understanding of the many issues it considered during this part of the inquiry.
As chair, I would like to thank my fellow committee members, Mrs Vicki Dunne and Ms Caroline Le Couteur, for their time, their contributions and the collaborative way the committee has worked through some wide-ranging and challenging issues in this profoundly important inquiry. Through these collaborative efforts, we have been able to deliver a unanimous report.
I would also like to thank Andréa Cullen for her help, assistance and ongoing ability to guide the committee through this very difficult and sometimes harrowing process for this report and inquiry. I commend the report to the Assembly.
MRS DUNNE (Ginninderra) (10.28): I want to augment what Ms Cody has said rather than replicate it. This was a very challenging inquiry because of its nature, in that it related in a quite unprecedented way to an individual case—committees, generally speaking, do not inquire into those—and the way in which it had to be handled because of the sensitivity of that. I want to compliment the committee and the people who participated.
In saying that, we have to put on the record that this committee could have reported finally back in March if there had been more willingness from officials and the minister to participate openly. At the outset, I found it extraordinarily frustrating that
2194 Legislative Assembly for the ACT 27 August 2020 barriers were put up to the committee and that the committee was treated as though it was an information sharer under the act. It took a fair amount of cajoling, with a considerable delay and cost to the Assembly, for us to obtain advice on procedural matters that allowed us to proceed with hearing evidence from officials about this matter. The fact that we had to do this showed a startling lack of understanding of the role of the committee.
I am grateful in a way that we now have definitive advice from Professor Richard Herr OAM about the precedence that committees have, the way information going to committees has precedence over other legislation, and the primacy of the Assembly over the executive in seeking information. There is a recommendation in the committee report that relates to the executive and officials obtaining a better understanding of how the committee system works and its right to obtain information. That is succinctly put in Professor Herr’s seven-page opinion, which is appended to the report. It is an important piece of work for this Assembly and for other parliaments and the way that committees work.
Although it was frustrating, I am now glad that we have gone through the process of finding someone who could give us accurate procedural advice. It should be taken on board and become essential reading for incoming ministers and officials who are coming to committees and be a primer for committee members. The advice empowers committees to act appropriately.
The two inquiries and three reports, taken together, are, in many ways, an extraordinarily important piece of work. Ms Le Couteur characterised the health committee as a mothers’ club. Over the past year or so, we have almost exclusively dealt with mothers and family issues. As a group of mothers, we are well positioned to do that.
The 50-plus recommendations from these three reports are very important. I commend them to the government and to those to whom the recommendations are directed for action. I hope that in the Tenth Assembly we will see a better operating Children and Young People Act and better operating care and protection system. I thank everyone involved in the committee for the important work that was done here.
MS STEPHEN-SMITH (Kurrajong—Minister for Aboriginal and Torres Strait Islander Affairs, Minister for Children, Youth and Families and Minister for Health) (10.32): I want to speak briefly on this report and this inquiry, acknowledging again that the government will not have time to respond in a formal way.
I want to acknowledge the work of the members of the committee: Ms Cody, Mrs Dunne and Ms Le Couteur. This was, indeed, a challenging piece of work and a challenging inquiry. I want to echo the committee members’ thanks to the secretariat. Andréa not only worked very closely with the committee but also was extremely helpful in working with officials to work through the complexities of information sharing, as well as making arrangements for officials and me to appear before the inquiry. I also acknowledge the way that the very sensitive information that related to this inquiry was handled.
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I note Mrs Dunne’s comments in relation to the provision of information to the committee. I want to say, as I did to the committee on a number of occasions, that it was always our absolute commitment that the committee be provided with significant information; but we needed to do that in a way that was going to protect officials and protect the best interests of the children and the family involved in this circumstance. That was a complex matter. I would not want members of the Assembly to think that we were, in any way, trying to not provide the information to the committee; we were trying to find a way in which we could do that in line with the advice that had been provided to the executive and to officials on the barriers to that information sharing.
In the end, the committee did use its formal powers to seek information from the executive in relation to this inquiry. We all agree that that was an appropriate thing to do in light of our inability to reach agreement between the committee and officials on an information sharing protocol. I am pleased that we reached a point where we could provide that substantial information to the committee; it clearly informed their consideration.
As well as thanking the committee for their work in examining these issues, I want to thank them for the thoughtfulness and sensitivity shown during the whole inquiry; and I want to thank all of those who shared their experiences with the committee.
As Ms Cody has indicated, child and youth protection is incredibly complex. It covers a range of incredibly complex and emotional issues, and it is a difficult subject matter. There is not a perfect child protection system anywhere in the world; but we are absolutely committed to continuing our work to improve our child protection system, to make it more therapeutic and more restorative, and to hear the voices of parents, children, families and carers, as well as experts who work across the legal and community parts of the system. We will continue to do that should we have the opportunity.
I again thank the committee. Their work will contribute to ongoing reform in the child protection system. It has been an important inquiry.
Question resolved in the affirmative.
Public Accounts—Standing Committee Report 13
MRS DUNNE (Ginninderra) (10.36): I present the following report:
Public Accounts—Standing Committee—Report 13—Inquiry into Auditor- General Report No 8 of 2018: Assembly of rural land west of Canberra, dated 27 August 2020, together with a copy of the extracts of the relevant minutes of proceedings.
I move:
That the report be noted.
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This is the final report of the Standing Committee on Public Accounts which will be tabled in this Assembly and the final report that I will ever table in this place. Before I launch into this, I want to make some comments in relation to the committees. I think that there has been a tone in this place this morning that emphasises how important committees are and how important the work of committees is. I want to reinforce that today and also to reinforce the notion of just how collegial committees in this Assembly have been. I think that there was a rough patch in the last Assembly, where committees were not operating in a very collegial way, and I think that that time has come to an end and that committees have really hit their straps across the board for the quality of the reports and the thoughtfulness of the issues that have been raised across the board.
I commend members and the secretariat for the work that is done in committees and I take this little opportunity to note the recommendations of the Standing Committee on Administration and Procedure about committees in the Tenth Assembly. Unfortunately, I will not be here to see that happen. A lot of those recommendations have been things that I have been banging on about for so long. I think that under a Coe Liberal government the committee system in this Assembly will work a lot better than it has in the past because of the innovations that have been suggested in that report.
The Standing Committee on Public Accounts report on the Auditor-General’s report No 8 of 2018, Assembly of rural land west of Canberra, is a notable report. It is an extraordinary tale. Early in 2014, as a result of discussions of a planning day, the Land Development Agency became concerned that there was not enough land in the greenfield development pipeline. It was expected that if nothing were done, supply would be exhausted by 2031.
There were two main concerns: first, that there would be no more land to be made available to meet the demand for greenfield residential development; and second, that there would be a significant hit to the ACT government’s bottom line because the LDA would not be in a position to pay the dividend it was obliged to pay to the government.
At that planning day Colliers International was represented and they made a proposal to the LDA that it acquire several parcels of land in the rural area of Stromlo for future residential development. The LDA accepted this proposal and ran with it, putting up papers to the strategic board and cabinet. However, cabinet did not give a green light but asked the LDA to do more work and come back to it at a later time. The LDA never did that. Instead, without explicit authorisation, the LDA began a significant campaign of acquiring rural leases which, in the end, amounted to $43 million of expenditure. Some acquisitions were intended solely for residential development, while others were for infrastructure and some were for a combination of the two.
In so doing, the LDA often did not meet its obligations imposed on it by the land acquisition policy framework. That is a framework that the public accounts committee is all too familiar with, probably more familiar than was the board of the LDA. This
2197 27 August 2020 Legislative Assembly for the ACT allowed the LDA some autonomy in making acquisitions in return for satisfying criteria set out in the framework. Notably, the framework required the LDA for each acquisition to state a linkage between the acquisition and a relevant planning document or policy. The LDA was not able to do this because the western edge study flagged in the ACT planning strategy for 2012 has never been done.
The unelected officials were making acquisition decisions without the authority of cabinet, without meeting legislative requirements, and, at the same time, they were allowing their decision-making processes to be captured by a private firm with significant interests in the ACT property market.
But it does not stop there. For one of the properties, the LDA supported a process to divide the property. One part of it was acquired by the LDA and the other by a private buyer. The proportion acquired by the LDA has significantly smaller road frontage to Cotter Road, which is one of the strategic aims of acquisition in that area. This decision seems to fly in the face of all conventional wisdom on what makes the property valuable. Moreover, other sellers asked if they could divide their properties and were rebuffed by the LDA. It seems that the LDA had the ability to decide who could and could not divide their properties.
I think it is worth noting that there is a significant amount of discussion in the early part of this report about the underpinning rural policy and I suppose, to some extent, that that is a legacy of my involvement in rural policy even before I became a member of this place. Before I was a member of this place, I was an adviser and advised the then planning minister on rural issues. I was involved in the establishment of the rural task force in 1988 and have had an abiding interest in rural leasing issues in the ACT ever since.
I brought to the committee inquiry an insight that not many other people would have had because of the privileged position that I have had. I think that it is worth putting on the record my long-standing commitment to this. This is why it became quite clear to me, and to others, that the issues related to the division of the property known as Fairvale was probably illegal.
The ongoing rural policy for the ACT has been anti division of property and, rather, has gone to consolidating. There are lots of reasons for that, the principal ones being that the rural backdrop of the ACT is an important part of our planning structure and the beautification of the bush capital; but, also for sustainability terms, larger properties are, in many ways, easier and more efficient to manage. There has been a consistent approach that that is contrary to the subdivision of land.
In fact, what we saw with the subdivision of Fairvale was pretty much a sleight of hand. Eventually, officials said, “We did not actually subdivide it. What happened was that the owner surrendered the lease and then we issued two leases in its place.” But I think, as the old expression potato-potato goes, it was a subdivision. It looks like a subdivision, it walks like a subdivision, it quacks like a subdivision; and I think that it is a matter of considerable concern that this was allowed to happen by unrepresentative, unelected officials in a very important and significant way. The whole process has been clouded in many ways. In the case of Milapuru, the LDA sent
2198 Legislative Assembly for the ACT 27 August 2020 a clear signal that it wanted first right of refusal to prevent its acquisition by a private buyer who had already entered into negotiations with the seller.
There are many irregularities that are highlighted in this report. To summarise them, the LDA had all the cards. It was the dominant player in the ACT property market. It could determine whether a lessee could sell a rural lease to a private buyer or not and it could, in effect, determine who could or could not subdivide their lease. At the same time, it failed to comply with its legislative framework expressly to regulate the agency’s operation in acquiring land where no planning studies had been done. This meant that there was no guarantee that the land would in future be zoned for residential use. While this undoubtedly made the acquisition less expensive for the LDA, it meant that the public was denied the opportunity to consider and comment on significant acquisitions and significant policy initiatives.
During the process, the Chief Minster signed off on two individual acquisitions which had a greater value than $5 million. Under the framework, the LDA needed to have his express permission to purchase such properties. In hearings, Mr Barr told the committee that he did not think that there was anything out of the ordinary; but he must have been aware, based on treasury briefs that would have been included with the paperwork, that this was part of a larger series of acquisitions and that the relevant planning documents were not in place to support them.
There are a number of unanswered questions arising from this inquiry. There is a whole chapter devoted to the very extraordinary means by which an invoice was paid to a private company without authorisation. It is unclear to this day who the person was who initiated the payment of that invoice and approved it, but it certainly did not have the usual sign-offs around it. In addition to the commentary in the Auditor-General’s report, there is significant commentary in this report in relation to the payment of that invoice.
The committee made eight findings, seven of which are unanimous, and there is some dissent from the eighth finding. The committee makes six recommendations. The sixth recommendation is for this report to be referred to the Integrity Commission. It is disappointing that at the last minute the government members of the committee resiled from this recommendation. I think that the narrative of the report clearly points to the fact that there are many unanswered questions.
The committee took the same view in relation to certain land acquisitions conducted by the LDA, which was unanimously agreed should be referred to the commission. The committee does not have the investigatory powers that it needs to delve into the fine detail. That is why we have created another integrity arm, the Integrity Commission.
Notwithstanding the fact that this is not a unanimous recommendation, I did make the point to the committee members, and I will make the point here, that irrespective of whether the letter is signed off by the chair of the public accounts committee or by Vicki Dunne, a member for Ginninderra, there will be a letter going to the Integrity Commission referring this report and our deliberations to the Integrity Commission. I think that it is appropriate that it is referred to the Integrity Commission. There are
2199 27 August 2020 Legislative Assembly for the ACT so many unanswered questions, there is so much opacity and there are a lot of people who are relying on the justification.
It was a long time ago—and I do not have access to my diary—but, at the same time, there were a lot of people that had very clear recollections of what was going on. The owners of properties have a very clear understanding of the amount of power that was exercised by the Land Development Agency and their agents in the private market over the acquisition of land. I think that that is why it is appropriate that this matter is referred to the Integrity Commission.
With that, I commend the recommendations in this report to, presumably, an incoming government. I think that people take the view, “It is the LDA, it was a long time ago. Most of those people have moved on or they are doing something else and the agencies that have replaced them are doing a lot better job, so we should not worry about it.” Yes; we should worry about it because what happened under the Land Development Agency was dodgy. Quite simply, it was dodgy. The arrangement that they went into in relation to Fairvale in particular was dodgy, the arrangement whereby they paid an invoice was dodgy. Some people would say that there may be corruption involved.
I put on the record, just in case there is any doubt, I think that it was perfectly reasonable for someone who had an interest in buying part of the property of Fairvale to ask, “Could I buy a section of the property?” I think that the outcome was not reasonable. It was not reasonable for the LDA to acquiesce to that. It was not reasonable for the LDA to have this sleight of hand of handing in one lease and issuing two and giving one to one person and the LDA keeping the other one. All those things smack of corruption, and I think that it is time that the Integrity Commission looked at what was really happening in the LDA. (Time expired.)
MS LAWDER (Brindabella) (10.51): I extend my thanks to other members of the committee, especially Mrs Dunne as the chair, for the large amount of work on this particular inquiry which started from the Auditor-General’s report No 8 of 2018. I thank all the witnesses who appeared—government officials, owners of various properties, former owners of properties et cetera—and give a huge thankyou to the committee secretary, Dr Brian Lloyd, as always, a powerhouse in terms of workload and research. Thank you so much.
The committee findings were very much collegiate and collaborative for the most part and were consensus findings. For example, the committee found that the LDA did not adhere to established planning policies in its assembly of rural land west of Canberra. The committee found that the LDA did not follow all the tests required et cetera. The committee found issues with the board’s understanding of the legislation. The committee found that the LDA proceeded with acquisitions without the explicit authorisation of cabinet. I am paraphrasing slightly in the interests of time. People will be able to read these findings for themselves.
Finding 5 was:
The Committee finds that the LDA’s approach to the acquisition of Fairvale was highly unusual and contrary to its policy.
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Finding 6 was:
The Committee finds that Colliers International had a considerable degree of access to the LDA.
Finding 7 was:
The Committee finds the LDA did not meet its public interest and probity imperatives equally, resulting in poor practice.
Unfortunately, when we get to finding 8, this was not a consensus finding, in the same way as when we got to recommendation 6 it was not a consensus recommendation. Yet, throughout the deliberations on the report, we had many, many amendments proposed and accepted in the interests of achieving a consensus report. Yet, once again, at the last minute, some members of the committee reverted to party lines in dissenting from the finding and the recommendation. Not all members of the committee, in the end, at the last minute, agreed to finding 6, which was:
Some members of the Committee find that the Chief Minister and Treasurer, Mr Andrew Barr MLA, then the Minister for Economic Development and minister responsible for the Land Development Agency, was on two occasions involved in the approval of the acquisition of rural leases during this period but there is no evidence before the Committee to suggest that he considered whether the Land Development Agency’s acquisition of rural leases to the west of Canberra was consistent with existing ACT Government policy or in alignment with the Land Acquisition Policy Framework.
We made considerable changes to that finding, expecting a consensus. Yet, at the last minute, no, there was no consensus.
It is the same with recommendation 6, which was about referral to the Integrity Commission. Throughout our discussions and the hearings and when we had our meetings and talked with each other, we talked about things that appeared quite clearly to be dodgy, irregular, unusual, unauthorised, over and over. Was it corruption? As Mrs Dunne has already said, this committee did not have the power to determine if there was corruption; but, to continue the analogy of Mrs Dunne, if it walks like a duck and it quacks like a duck, it is probably a duck, and that is why Mrs Dunne and I will be writing to the Integrity Commission to refer this report to them.
Having been on the public accounts committee for a number of years—it is one of my favourite committees that I have been on; I have been on a number of others; in fact, at one point I was the Chair of PAC—I am once again disappointed, deeply, deeply disappointed, although not surprised, that the Labor members of this committee resiled from these last two, one finding and one recommendation, and went with their party lines rather than a bipartisan approach to the issue at hand. I am deeply disappointed, because so much of the work of committees is done in such a collaborative and collegiate way, that at the last minute, after accepting so many changes to try to make the report palatable to everyone, it did not happen. I think it is such a shame.
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Apart from that, I commend the report to the Assembly, and whether I am in the Assembly or not in the future, I will be looking forward to a government response to this report.
MS CHEYNE (Ginninderra) (10.57): I certainly echo the comments today about the importance of committees and what they can provide and, while it is through committees that we can certainly get to understand and really appreciate issues and find recommendations, it is also through committees that we get to know and understand other members, including, in particular, members who might not be from our party.
Because time is short later this evening, I just want to put on the record, through you, Madam Speaker, that I never, ever thought that Mrs Dunne and I would get along, ever, simply due to just how diametrically opposed we are on some very deeply personal issues that are key to who we are as people. But it has been through committees that I have got to know Mrs Dunne, through you, Madam Speaker, and indeed respect her. I think people would be very surprised just how closely we have worked together, not just in PAC but also in another committee. I think that we have found things that we do have in common, including a mutual appreciation of process, of the standing orders and of word smithing as well.
That is certainly not to say that we agree on everything, but I have got to know her as someone who is thoughtful, genuinely open to suggestions and working together, and she has taken a collaborative approach as chair, including on some very difficult or complicated issues. I put on the record my thanks for that. I do think that Mrs Dunne has summarised the report well. I will not repeat that.
As other members have highlighted, there is a finding and a recommendation that the government members dissent from. Ms Lawder, I do think, has grossly misrepresented the deliberations of the committee on that finding and that recommendation. I never, ever agreed with that finding 8, nor do I think, ever, did Ms Cody—the same with recommendation 6—simply because it is not something that there is any evidence for. Absence of evidence is not evidence. For all the very positive comments that I have for Mrs Dunne, I do find this a really strange finding and one that simply has no basis. This is what I said in every meeting where we discussed it. Despite what Ms Lawder said, this was not a last-minute thing; it was not a last-minute change.
Yes, the finding was amended but the amendments were not put forward by me; they were put forward by the chair to try to get to a point where we might all be able to agree. While I was very open to considering amendments, just as Mrs Dunne had always been very open to considering other suggestions put forward by other committee members, this was not something that I could put my name to. I will speak for Ms Cody. I do not think that Ms Cody felt that she could put her name to this either, simply because it has no basis; and it is very unusual to have included it.
Equally, recommendation 6, which was, again, not a last-minute flip-flop or anything like that, was something that we rarely discussed because we said that we would keep
2202 Legislative Assembly for the ACT 27 August 2020 coming back to it. Indeed, there was some consideration given to it and, ultimately, the government members did not come to a position where they felt that this was a recommendation that could be agreed to. I hope that clears up the record of what actually happened, rather than what Ms Lawder is pretending happened, for political purposes only I assume.
Importantly, I again thank most members of the committee for the way in which this has been approached and, indeed, all PAC reports. I came to PAC midway through the term and walked into a whole lot of complex inquiries. I reiterate that Mrs Dunne, I think, has done a very good job as chair in helping the committee navigate these complex inquiries.
I very much appreciate the efforts of Dr Lloyd, who has had to keep up with us as we have worked through reports. You can see just how thick this report is and I think it is not unusual for our PAC reports to be this thick.
Mrs Dunne: I took about 20 pages out of it.
MS CHEYNE: Yes. This is not to say that we did not try to cut it down; and we did cut it down. He does an extraordinary job in keeping up and making sure that those changes, as we go through them, are taken on board. On these very complex issues, I do think that these reports, by and large, do help make sense of them and, yes, I think that the findings do show that there were some departures from practice and that there was one acquisition in particular that certainly does raise questions. I think that the committee, as a whole, went to extraordinary efforts to try to understand things and could not. I am not sure that anyone ever will.
With that, I think that there are very meaningful recommendations here, apart from recommendation 6, and recommendations 1 to 5, I hope, are some things that the government will look at in good faith.
Question resolved in the affirmative.
Economic Development and Tourism—Standing Committee Statement by chair
MR HANSON (Murrumbidgee) (11.05): Pursuant to standing order 246A, I wish to make a statement on behalf of the Standing Committee on Economic Development and Tourism relating to report 9: Inquiry into Building Quality. I wish to advise of a corrigendum to report 9 of the Standing Committee on Economic Development and Tourism. The corrigendum replaces the respective text in the published report. I therefore seek leave to table a corrigendum to report 9 of the Standing Committee on Economic Development and Tourism.
Leave granted.
MR HANSON: I table the following paper:
Economic Development and Tourism—Standing Committee—Report 9— Inquiry into Building Quality—Corrigenda.
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Integrity Commission—Standing Committee Statement by chair
MS LEE (Kurrajong) (11.06): Pursuant to standing order 246A, I wish to make a statement on behalf of the Standing Committee on the Integrity Commission. The committee was established by resolution on 29 November 2018. Among other matters, the terms of resolution (1) (d) require the committee to “monitor, review and report on the performance of the Integrity Commission”.
The Integrity Commission Act 2018 commenced in stages, and by 1 December 2019 had commenced in full. Although the committee has not conducted an inquiry this term under its resolution of appointment and terms of reference, it has monitored, and continues to closely monitor, the Integrity Commission’s operations as a key anticorruption body in the territory. On 9 August 2019, the committee was formally briefed by the Integrity Commissioner. On 25 November 2019, the committee had discussions with both the commissioner and the newly appointed CEO of the commission, and on 15 July 2020 the committee was again formally briefed by the commissioner and the CEO. The committee is able to report the following additional matters as at 15 July 2020, based on those briefings.
The commission has filled a number of senior positions and is continuing in its recruitment of investigative, legal and other essential staff. The commission has also secured a suitable site for its ongoing operations, and work is under way to equip the site to meet the commission’s particular needs under a 10-year lease. The commission has received 79 reports of corruption, conducted eight preliminary inquiries and is conducting two investigations. The commission has identified amendments needed to the Integrity Commission Act 2018 and also to commonwealth legislation. The amendments sought are considered necessary to further clarify the commission’s jurisdiction and support it in its investigative functions. The commission is currently working towards achieving the needed reforms.
Lastly, the commission has begun liaising with other ACT government entities—such as the ACT Judicial Council, the Auditor-General’s Office, the Public Sector Standards Commissioner, the Solicitor-General, the Director of Public Prosecutions, Elections ACT, the Inspector of Corrections—and the AFP to establish memoranda of understanding between the commission and the entities.
Justice and Community Safety—Standing Committee Statement by chair
MS CODY (Murrumbidgee) (11.08): Pursuant to standing order 246A, I wish to make a statement on behalf of the Standing Committee on Justice and Community Safety for the Ninth Assembly relating to statutory appointments in accordance with continuing resolution 5A. Continuing resolution 5A requires standing committees which consider statutory appointments to report on a six-monthly basis and present a schedule, listing appointments considered during the applicable period. The schedule is required to include the statutory appointments considered, and, for each appointment, the date the request from the responsible minister for consultation was received, and the date the committee’s feedback was provided.
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For the first applicable reporting period—1 January 2019 to 30 June 2019—the committee considered a total of 19 appointments to three statutory bodies. In those cases, the committee advised the responsible minister that it had no comment to make on the appointments proposed. For the second applicable reporting period—1 January 2019 to 30 June 2019—the committee considered a total of 22 appointments to six statutory bodies. In those cases, the committee advised the responsible minister that it had no comment to make on the appointments proposed.
I accordingly table the following papers, in accordance with continuing resolution 5A:
Justice and Community Safety—Standing Committee—Schedule of Statutory Appointments—9th Assembly—Period— 1 January to 30 June 2019. 1 January to 30 June 2020.
Public Accounts—Standing Committee Statement by chair
MRS DUNNE (Ginninderra) (11.10): Pursuant to standing order 246A, I wish to make a statement on behalf of the Standing Committee on Public Accounts. I note that although the public accounts committee is the queen of committees, we always come last alphabetically. I wish to advise the Assembly of statutory appointments considered by the Standing Committee on Public Accounts in 2018, 2019 and 2020 under continuing resolution 5A, and table a schedule of the appointments considered.
In total, the committee considered five statutory appointments in 2018 to the position of ACT Auditor-General, the Territory Records Advisory Council and the board of Icon Water; one statutory appointment in 2019 to the board of Icon Water; and five statutory appointments in 2020, to the Board of Icon Water. I table the schedule of statutory appointments, in accordance with continuing resolution 5A:
Public Accounts—Standing Committee—Schedule of Statutory Appointments— 9th Assembly—Period 2018, 2019 and 2020.
Executive business—precedence
Ordered that executive business be called on.
City Renewal Authority and Suburban Land Agency Amendment Bill 2020
Debate resumed from 13 August 2020, on motion by Mr Barr:
That this bill be agreed to in principle.
MR COE (Yerrabi—Leader of the Opposition) (11.12): The Canberra Liberals are supportive of measures to help maintain the Sydney and Melbourne buildings. We
2205 27 August 2020 Legislative Assembly for the ACT recognise their significance to Canberra and believe the ACT government has a role to play in ensuring that they are enjoyed by future generations. We have concerns about the way the City Renewal Authority has dealt with some businesses during this period. With regard to this legislation, the concern is also mentioned in the scrutiny report:
It is not clear to the committee why building owners should be required to meet the costs of revitalisation works which are not reflected in an increase in the value of buildings themselves but provide a broader public amenity or add to the value of proximate public works.
The businesses are already buckling from high rates, taxes, fees and charges, including a city centre marketing and improvement levy. Owners are essentially being asked to pay twice—once for the levy that is supposed to cover capital works, then a second time for all the works themselves. In 2018-19 nearly $600,000 of the levy was spent on building waste enclosures for the Sydney and Melbourne buildings. Surely money can be found to ensure that the building is painted consistently and that minor repairs can be carried out if $600,000 can be found for those waste enclosures. We do not believe that the ACT government should be burdening businesses with another expense while they are struggling to keep the doors open.
I note that the implementation of this policy and the revitalisation plan is still some time away. I also understand that, despite the fact that a particular paint colour has been recommended by the Heritage Council for years, the City Renewal Authority has now changed that recommended paint colour. This, of course, causes some frustration to people who have spent money complying with the Heritage Council paint colour and are now being told that there is a new preferred historic paint colour for that building.
The devil is going to be in the detail. It is also going to be in how much money the ACT government contributes to this public amenity. We also need to recognise that there are many property owners and businesses that are doing it tough and may not be able to afford additional works. There are other property owners and businesses that have already invested significantly in amenity upgrades to the Sydney and Melbourne buildings. We have to respect the investments that these people have made already. We do not want to see a heavy-handed tactic by the City Renewal Authority forcing people to spend more money when the ACT government is not necessarily willing to put money in. This has to be a collaborative approach. That is why we support the principle of this, but we need to make sure that it is undertaken in a very reasonable way.
I note that the management plan is a disallowable instrument and therefore will be subject to scrutiny of this place if we so choose. I encourage all members of this place, particularly the opposition and any crossbench members of the future Assembly, to consider whether these management plans are correct and, if not, to consider moving disallowance of such a plan. Let me reiterate that we support the intentions, but we have to make sure that a wise approach is taken by this government and future governments.
MS LE COUTEUR (Murrumbidgee) (11.16): The Greens support this bill. The Canberra community has been debating the futures of the Sydney and Melbourne
2206 Legislative Assembly for the ACT 27 August 2020 buildings for decades. When I was a child, the main issue was, “Wow, they’ve happened,” but since then the main topic has been that some owners are just not maintaining their parts of it. It has been a perennial issue, making an appearance in the Canberra Times or the RiotACT at least once a year.
This level of interest shows two things—firstly, that the community really cares about these buildings; and, secondly, that the problem has not yet been resolved. Why hasn’t it been resolved? Whatever you say, it is not due to lack of effort by both the government and private sector. The ACT government has had several goes at this, dating back at least to the Canberra central planning team, which I am told was about 15 years ago. In the days when the city centre marketing and improvements levy was administered by CBD Ltd—a property owners’ group—it also had a go at it; but after all these years of trying, it is clear that the voluntary approach is not working.
I suspect that what is going on is that the buildings are trapped in a cycle of neglect. This is a common problem that occurs in cities around the world. A building, or even a whole area, gets a bit run down. Because of that, a few tenants move out and land values and rents fall. Less income and lower land values mean that landlords have less money to invest back into their properties, so the neglect gets worse. This cycle can run for decades, and it usually takes government action to snap the cycle. Once the cycle is halted, it can start to run the other way. More customers come, rents rise, investment rises, property values rise, and all of this brings even more customers. We have actually seen this positive cycle operate in parts of the Melbourne Building, where the West Row and Alinga Street sides have gone from rundown to thriving over a 20-year period.
This brings us back to why the community cares about these buildings. For people like me, they are a landmark and an important part of our city’s heritage. While city businesses and landowners they may well feel the same—that the buildings form an important part of our heritage—they also have very significant financial concerns. Having the Sydney Building, in particular, as a neighbour is a significant problem. Its neglect weighs down the entire area.
I acknowledge that some in the city business community are very nervous and conflicted about this legislation. That was certainly the case for one landowner in the buildings, who spent a substantial amount of his time with my staff helping us understand the problem. On the one hand, the idea of government having intrusive control over his property in the way this act allows is troubling, but on the other hand, he cannot see any other easy way out of the spiral of neglect.
The situation places a clear responsibility on the City Renewal Authority, and this bill gives intrusive but, I fear, necessary powers. The authority should use them carefully. For example, the revitalisation plan to be made under section 36B needs to be written in close consultation with landowners. It must include enough flexibility for landowners to manage the sometimes-complicated practicalities of renovating old buildings, but at the same time protecting the buildings’ heritage. It also needs to be reasonable in terms of cost. It will, of course, be difficult to make this work in the middle of the ACT’s first recession for decades, when shops and entertainment venues are under extreme financial pressure and commercial rents are falling.
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In conclusion, while this act includes intrusive powers, I fear that these powers are necessary to break the cycle that has seen much of the Sydney and Melbourne buildings fall into decline. Breaking that cycle of decline and neglect will be welcomed by the community. It will, of course, also be of benefit—and, I believe, of net financial benefit—to the city’s business community and landowners. The Greens support the bill.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (11.21), in reply: I thank members for their support of the legislation. It provides the territory with a rare opportunity to return some of Canberra’s most recognisable and valued heritage assets back to a condition that the community expects. The buildings are a vital part of the physical and social fabric of the city. The instantly recognisable colonnades, which were designed to provide shelter in winter and shade in summer to the first businesses, workers and patrons in the city, still stand today as a strong link to the early commercial origins of the city.
As members have alluded to, there is a very strong level of interest and support from the community in seeing action to improve the appearance of the buildings. Responses to community engagement were overwhelmingly in favour of taking action to ensure that the buildings were improved. A high level of care and attention has gone into the preparation of this legislation, and the City Renewal Authority has undertaken extensive consultation with the owners of the buildings—one-on-one meetings, phone discussions and correspondence—to listen to the views of owners and work with them to commence the drafting of a revitalisation plan to renew and restore the leased public areas of the buildings.
The leased public areas are those defined in the bill as the facades and other external parts of the buildings that are accessible or visible to the public. It is these areas that the bill is restricted to. It allows us to achieve the desired revitalisation to the highly visible building elements without involving areas such as interiors or the rear section of the properties. Cities are partly defined by their heritage assets and how they care and support them. So, in summary, this bill provides a framework to see the revitalisation of these landmark buildings so that they return to a state that the community supports and expects. I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
Public Interest Disclosure Amendment Bill 2020
Debate resumed from 20 February 2020, on motion by Mr Barr:
That this bill be agreed to in principle.
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MR RATTENBURY (Kurrajong) (11.23): I am pleased to start the debate today on this bill and to reflect on what an important section of our legislation public interest disclosure law is. We welcome the amendments to the Public Interest Disclosure Act that seek to further embed a pro-disclosure environment for our public servants and the wider public.
As members are aware, we have certainly sought to improve the integrity, oversight and transparency of government operations for many years. We have campaigned on freedom of information reforms and the creation of an independent integrity commission, and we have been proud to support the successful implementation of these reforms in the fabric of government.
We believe that a healthy democracy requires probity, transparency and accountability in all aspects of government, including government departments, government-owned entities and statutory authorities, and we will continue to seek open and transparent access to government information, including a clear presumption of proactive disclosure as part of a robust freedom of information system. Today’s amendments are an ongoing evolution of this approach, and we will be supporting them.
The bill and revised supplementary amendments are the result of close observation of the existing scheme, a dedicated and professional review, and of course a response to the creation of the Integrity Commission. Central to these amendments is the requirement that all disclosures under the Public Interest Disclosure Act be forwarded to the Integrity Commissioner, creating a single point of oversight for serious wrongdoing disclosures and recognising the Integrity Commission as the pre-eminent integrity body in the ACT.
In essence, the Integrity Commissioner would determine if they wished to deal with a matter, dismiss it or refer it to another body. This should provide greater comfort to the community that, similar to the reportable conduct scheme, issues of concern are being considered in a systematic fashion as well as on the merits of each individual complaint or disclosure. The amendments will also provide a greater level of clarity and certainty for the public service in defining roles and responsibilities, as well as terms.
The meaning of the term “disclosable conduct” in section 8 of the PID Act has been amended to remove overlap with the definition of “corrupt conduct” as set out in the Integrity Commission Act. The focus of disclosable conduct is now on maladministration and substantial and specific dangers to public health or safety, or the environment. This is sensible and ensures that the right pathways for review and complaint resolution are utilised to avoid, wherever possible, inappropriate referrals.
A new clause clearly identifies that disclosure officers will receive disclosures of disclosable conduct rather than public interest disclosures, reflecting again the important role of the Integrity Commissioner in determining the threshold for an actual public interest disclosure.
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The bill also has an amendment that will see heads of public sector entities now nominate a disclosure officer or officers for their entity and publish the disclosure officer’s or officers’ contact details on the entity’s website. Details of disclosure officers must also be given to the Integrity Commissioner. There is a requirement for the Integrity Commissioner to publish disclosure officers’ details on their website, removing the need for this to be a notifiable instrument. I am advised that this will reduce administrative burden while also increasing transparency for both applicants and respondents.
I am aware of significant consultation and discussion regarding the roles, governance and authorised environment around the Office of the Legislative Assembly, members and their staff. As a former Speaker, I do respect and understand some of the complexities and sensitivities that arise when the parliament seeks to legislate its own operations. I have received positive feedback regarding the role that staff from the Chief Minister’s office have had in facilitating these discussions with members and officials. Certainly, having looked at a bit of the detail of this part of the bill in particular, and having had some discussions in both the administration and procedure committee and with the Clerk directly, I am appreciative of the effort that has gone into resolving some of the subtle but important details in this part of the legislation.
The final government amendments that have been circulated today have removed the previous provision that enabled the Integrity Commissioner to refer a disclosure relating to a Legislative Assembly entity to the Legislative Assembly Commissioner for Standards, formerly referred to as the parliamentary standards commissioner. The amendment to section 19(2) provides clarification that if a disclosure relates to a Legislative Assembly entity, it must only be investigated by the Integrity Commissioner and must not be referred.
I would like to acknowledge further government amendments that have arisen from consultations with the opposition and that relate to guidance material for members of the Legislative Assembly. Firstly, it is another example of the benefits of open debate and engagement with all parties in this place that can see productive discussion leading to tangible outcomes. Secondly, those of us that have had dealings with PIDs in our respective offices will agree that there have been complexities and some vagaries to date, and I look forward to increased guidance directly from the Integrity Commission on these new arrangements.
With those few remarks, I indicate that we support this bill today and believe that the amendments will improve not only the process but also, for the parties involved in the process, their understanding of how it works.
MRS DUNNE (Ginninderra) (11.29): The opposition will give in-principle support for the Public Interest Disclosure Amendment Bill 2020. The bill seeks to update, simplify and clarify the public interest disclosure—PID—process, including strengthening protections for disclosers. It also wants to create a pro-disclosure culture and to clarify the role of the Integrity Commissioner, including differentiating conduct that falls within the scope of the PID Act versus the Integrity Commission Act.
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The bill will introduce a new definition of “disclosable conduct” to include maladministration or substantial and specific danger to public health or safety, or the environment. The new definition will exclude personal work-related grievances and will make the assessment of maladministration more objective and less subjective.
A key element of this bill is that all complaints, once they are determined to be a disclosure, will be funnelled through the Integrity Commission. The commission will decide whether a disclosure is a public interest disclosure or not; and, if so, whether the commission should investigate it, refer it to another entity for investigation or dismiss it. The ability of an investigating entity to refuse to investigate a matter will be quite limited. The Integrity Commission will have the power to prevent and remedy retaliatory action against disclosers and provide protection for witnesses.
There is a clause requiring a review of the PID Act and the Integrity Commission Act together, and a report to the Assembly. The first review starts after 1 December 2022 and will then be every five years.
This bill is the result of recommendations from two Assembly inquiries into the establishment of the Integrity Commission and a motion from the Canberra Liberals calling for a review of the public interest disclosure legislation. The Canberra Liberals made a submission to that review. I am pleased that much of the spirit of what was said in the submission is reflected in this bill.
The bill wants the process to look like this: a person discloses disclosable conduct to someone. It ends up in the hands of a disclosure officer. The disclosure officer decides whether the disclosure is made on reasonable grounds. If so, it goes to the Integrity Commission, unless the disclosure is about the commissioner. The commissioner decides, against some legislative tests, including a public interest test, whether this is a public interest disclosure. The commissioner investigates it, refers it to a nominated entity for investigation or dismisses it.
Unless the disclosure is made anonymously, which is acceptable, the discloser is kept informed as to what is happening at each step of the process and, in any case, at least once every three months. The Integrity Commissioner is not immune from being subject to the PID, and the bill sets out a path to be followed in this case.
In the briefing I took, for which I thank the Chief Minister, I pointed out what I saw as some flaws or shortcomings in the bill. I am pleased that two of these issues are picked up in the amendments that the government will put forward in the detail stage. I will address both of those issues then.
For now, I want to say that the bill does improve the process. Importantly, it improves the protection for disclosers and witnesses. To some extent, at least, it improves the independence and confidentiality of disclosers.
Where it fundamentally falls short is in the initial process. Whilst disclosures can be made directly to the Integrity Commission, it is generally expected that they would pass through the process with a disclosure officer within an agency before they are
2211 27 August 2020 Legislative Assembly for the ACT referred or not to the Integrity Commission. There is potential, albeit small, for this process to create a conflict of interest. There is potential for retaliatory action to be taken against the discloser before the matter gets into the hands of the Integrity Commission.
There should be a provision requiring the disclosure officer, in cases where there is an actual, potential or perceived conflict of interest, to send the disclosure directly to the Integrity Commission without first deciding the reasonable grounds, or perhaps with a statement about their opinion on whether the disclosure was made on reasonable grounds. This is a matter that should be considered in the review process contained in the bill.
There are other matters that could be included in the 2020 review process as well. The measures in the bill that are designed to protect the discloser still do not prevent under-the-counter retaliatory action, such as passive bullying. The review should consider making these measures stronger.
Proposed new section 20 should be reviewed to determine if the provisions allowing an investigating entity to end an investigation are working as intended. Section 20(2)(d) especially leaves open the way for quite loose and subjective decision- making.
In its reports numbered 40, 41, and 44, the Assembly’s legislative scrutiny committee expressed the view that decisions of the Integrity Commissioner on whether a disclosure is or is not a public interest disclosure should be reviewable. The committee is of the view that such decisions are different to decisions under the integrity act, but the government disagrees. The uncertainty about this issue warrants it being reviewed in 2022.
Another area for review, or potential review, is the definition and exclusion of personal work-related issues. The examples listed in proposed replacement section 8(2) exclude a decision related to the employment, transfer or promotion of a person. There have been significant PIDs related to employment and promotion, including the recruitment of a senior official in the Canberra Hospital, that I have spoken of in the past. In that case the person making the disclosure did not stand to make any personal gain, so it is not clear whether such a disclosure qualifies for a PID under the current provisions of this bill.
Part 7 of the bill provides absolute privilege to a discloser when a disclosure is declared to be a PID. That protection, however, does not apply if the Integrity Commission decides that the disclosure is not a PID. That then raises the issue of whether the discloser faces a risk of action for damages by making the disclosure in good faith in the first place. This matter also needs to be reviewed.
This bill makes quite a deal of progress in making the public interest disclosure system more effective. For too long, people who have made disclosures have themselves become victims. For too long, the system has been used to protect rather than investigate. And for too long every excuse possible has been used to avoid, delay or even refuse investigations. However, it is the view of the opposition that this bill
2212 Legislative Assembly for the ACT 27 August 2020 does not go far enough. That is why the 2022 review process is very important. Indeed, the government’s amendments, which came out of the briefing I took some weeks ago, already serve to improve this process.
In the interim, I hope that this bill, and the amendments to come in the detail stage, will help to iron out at least some of the creases in the system and that there will be better protection for people in the future.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (11.37), in reply: I thank members for their comments on the bill. The bill is the result of an independent review of the act and responds to the report’s 35 recommendations, all of which have been accepted.
As I outlined in my presentation speech, the bill reduces the complexity of the current whistleblowing arrangements, increases protections for those making disclosures and extends those protections to witnesses. It clarifies the role of the ACT Integrity Commission and the Integrity Commissioner.
In the detail stage I will be moving several government amendments that go to the interaction of this bill and the public interest disclosure scheme generally with the Legislative Assembly. I will speak to those amendments now, in the interests of time.
The government recognises the unique position of the Assembly within the public sector. We are committed to ensuring that the Assembly and officers created by continuing resolutions retain their independence from the executive. At the same time, however, there must be consistency and coherence in the integrity regime across the public sector, including the Legislative Assembly.
The amendments that I will move in the detail stage clarify the arrangements for referrals of public interest disclosures where a PID has been made to the Integrity Commissioner, removing the potential for the commissioner to refer a public interest disclosure relating to a member of the Legislative Assembly and/or their staff to another entity within the ACT public sector for investigation. The effect of these amendments is that the Integrity Commissioner remains the only entity able to investigate such public interest disclosures.
Further government amendments will also introduce the requirement for guidelines to be developed for the way members of the Assembly are to deal with disclosures of disclosable conduct made under section 27 of the act and consequential amendments.
This bill delivers important improvements to our territory’s integrity framework, including a triage approach to receiving disclosures, consistent assessment by skilled officers and whole-of-system data collection. This will enable our public interest disclosure framework to be more reactive through systemic and thorough responses and more proactive through improved whole-of-system analysis and identification of risk.
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The bill significantly reduces complexity and increases protection for disclosers and witnesses, as well as encouraging a more proactive disclosure culture to support transparent and robust responses to matters of integrity. The bill effects extensive improvements to encourage a more proactive disclosure culture within the ACT public service and here in the Legislative Assembly. I thank members for their support and commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Bill, by leave, taken as a whole.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (11.40), by leave: I move amendments Nos 1 to 7 circulated in my name together and table a supplementary explanatory statement to the amendments [see schedule 1 at page 2320].
MRS DUNNE (Ginninderra) (11.41): I will speak briefly. These amendments boil down to two issues which, as I said in my earlier speech, I raised with officials in the briefing I took on this bill. The bill, as it currently stands, provides that the Integrity Commissioner can refer a public interest disclosure about a Legislative Assembly member to the parliamentary standards commissioner for investigation. The standards commissioner is not a statutory entity, so it is not appropriate for the commissioner to be investigating a public interest disclosure.
The first of the government’s amendments is to remove the commissioner from the list of entities to which the Integrity Commission can refer a PID for investigation, and I am glad that the government has heard my concerns. I think that I was not the only person who expressed concerns on this issue. Instead, the amendment will provide that the Integrity Commissioner must undertake the investigation into any PID about an Assembly entity and may not refer it to anyone else. Further, the standards commissioner is included in the list of Assembly entities.
The second area of amendment relates to PIDs that are referred to members of the Legislative Assembly. The act currently allows a discloser to make a referral of this nature also to a journalist if a disclosure that they have made has not been dealt with in accordance with the act.
Indeed, this happened to me during the term of this Assembly. My problem was that there was no guidance on how I should deal with it or what I should do with it. I had to get advice, which boiled down to, “Be very careful, Mrs Dunne; make sure that if and when you say anything about a PID, or do anything about it, you do it under privilege.” There probably needs to be a little more guidance for members than that. That advice was obvious and appreciated, if not particularly helpful.
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The government’s second area of amendment will require the Integrity Commission to write some guidelines for MLAs to follow in the event that they face the same situation. The amendment does not go as far as to give guidance to journalists, but I am satisfied that their internal resources will provide all the necessary support and advice that they need.
These two amendments will cover off two shortcomings in the bill and provide some improvement to it immediately. In my in-principle speech I outlined a range of other issues which I hope will be picked up in the 2022 review and which might serve to further improve this important legislation. I commend the amendments to the Assembly.
Amendments agreed to.
Bill, as a whole, as amended, agreed to.
Bill, as amended, agreed to.
Emergencies Amendment Bill 2020
Debate resumed from 20 August 2020, on motion by Mr Gentleman:
That this bill be agreed to in principle.
MR HANSON (Murrumbidgee) (11.44): The Canberra Liberals will be supporting this bill, which makes amendments relating to the appointment of an emergency controller, as well as creating a new position of deputy emergency controller. Mrs Jones has been engaged in this, as the shadow minister, but is not here today, so she has asked me to speak on her behalf to explain the Canberra Liberals’ position.
The need for a deputy emergency controller became apparent during the 2019-2020 bushfire season. As our men and women worked tirelessly on the front line, so did our ESA commissioner and emergency controller, Georgeina Whelan, who, I understand, only had a few nights sleep at home during this entire period. This new deputy role will help the emergency controller manage the oversize burden in future emergencies, and this is an initiative that we welcome. The Canberra Liberals fully support the men and women of our Emergency Services Agency and will do whatever we can to back them as they keep our city safe.
MR RATTENBURY (Kurrajong) (11.45): The ACT Greens will be supporting this bill. While the amendments primarily relate to the appointment of an emergency controller, this bill is representative of a much broader and deeper body of work that the ACT government and the emergency services agencies will continue beyond today’s debate.
While the word “unprecedented” has almost become a cliché in the course of 2020 and the world has changed so much in recent months, we cannot easily forget the “black summer” and its impacts on the ACT. The scale, breadth and duration of the
2215 27 August 2020 Legislative Assembly for the ACT fires in eastern Australia over the summer tested us like never before. Our emergency services and first responder agencies were again challenged and required a new level of cooperation and collaboration.
As we know from the time, and from the report that led to this bill’s introduction, the efforts to protect our city and natural environment required the deployment of the Defence Force for the first time in this context, and became the shared responsibility of Parks and Conservation, rural bushfire brigades, metropolitan firefighters, the Emergency Services Agency more broadly, and required the consideration and combined efforts of nearly every government directorate.
To borrow a phrase, we came through these times not by luck or chance. The ACT emergency services worked tirelessly over an extended period of time and protected us well through dedication, professionalism and commitment. I add my thanks to all of those who helped. It is and has been for some time normal practice to review critical events such as these, and it would be very unusual indeed for any such review to not offer up learnings and opportunities for improvement.
Learning under such circumstances should never be considered an implicit or explicit criticism. Without doubt, people more qualified and experienced than most of us in this place will argue the merits of certain decisions or arrangements that occurred over the summer, but for myself today I am content to see such practical and straightforward governance changes brought forward as would support the ESA if we were to face another such emergency in the near future.
I do, however, unfortunately believe that we will see the ACT challenged in this way again, if not this coming year then in the years ahead. The sobering realities of multi-complex crises are not contingency planning or far-fetched drills anymore. We are living through it now. The fire season we just saw highlighted issues of cross-border and national interactions, of supply chains and logistics—in fact, matters even of constitutional significance.
As the Emergency Leaders for Climate Action found in their recent Australian bushfire and climate plan, more must be done at every level of government and across state and political borders to protect Australian communities from increasingly frequent and damaging extreme weather events.
Australia’s black summer fires over 2019 and 2020 were absolutely unprecedented in scale and levels of destruction. Fuelled by climate change, the hottest and driest year ever recorded resulted in fires in the ACT that destroyed 80 per cent of Namadgi National Park, triggered a state of emergency and, it is estimated, caused 31 additional deaths due to excessive smoke pollution as air quality in Canberra reached more than 23 times the hazardous level.
Looking forward, the Emergency Leaders for Climate Action recommend that we should work in partnership with the federal government to increase the resourcing of emergency services so that they can provide the early detection and extinguishing of fires, including through an automated network of sensors, and the immediate deployment of aerial and ground firefighting crews on days of very high fire danger.
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This eminent group of 33 former emergency services and firefighting commanders call on us to have integrated and longer term approaches to landscape management and hazard reduction that include substantial and long-term resourcing of forestry and national parks agencies; year-round Indigenous-led cultural and fire management programs; and more support for community-led initiatives.
Many of these matters are already in hand in the ACT, and I thank my colleague Minister Gentleman for both his awareness of and his advocacy on these issues, from the environmental to the emergency management. But, as all of us who have experienced such things know, and those of us who have read the science and listened to the experts, things are, tragically, going to get worse before they get better.
I know that if the ACT Greens have members in the chamber come November we will continue to support and advocate for climate change action, strong environmental stewardship and recognition of the challenges that lie ahead of us, as have been identified by the Emergency Leaders for Climate Action.
We will listen to the reports and recommendations that arise from the review of our local service responses to these catastrophes, and we will do likewise to the scientists who have been warning of these dangers for many years now. We are pleased to support this bill today as the first step in what will be a series of steps we will need to take over the coming years to address the challenges that confront us.
MR GENTLEMAN (Brindabella—Manager of Government Business, Minister for Advanced Technology and Space Industries, Minister for the Environment and Heritage, Minister for Planning and Land Management, Minister for Police and Emergency Services and Minister for Urban Renewal) (11.51), in reply: In closing, I thank members for their considered remarks in this debate.
These changes build on a strong legislative framework for managing emergencies in our territory. The bill implements the findings from the report on the review of the whole-of-ACT-government coordination and response during the 2019-20 bushfire season. The recommended amendments to the Emergencies Act make enhancements and equip us to deal with future challenges that may arise.
I thank again our volunteers and staff across the ACT government who helped keep our city safe during this year’s challenging bushfire and storm season. I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
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Residential Tenancies Amendment Bill 2020 Detail stage
Debate resumed from 13 February 2020.
Clause 1.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (11.52): There are a number of government amendments and I will be talking through them. I take the opportunity at this stage to introduce what has happened with them and hopefully streamline the debate during the detail stage.
The amendments that I will be proposing throughout this detail stage have arisen from very close and positive contact and consultation with the housing sector, with housing providers and with ACAT. They make a number of technical amendments that I understand are all agreed. I will be brief in my introduction and very brief in my explanation of each of the clauses. I commend clause 1 to the chamber.
Clause 1 agreed to.
Clause 2.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (11.53): I move:
That, pursuant to standing order 185, consideration of clause 2 be postponed.
Question resolved in the affirmative.
Clause 3.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (11.54): I move amendment No 2, set A, circulated in my name, and table a supplementary explanatory statement to the government amendments. I also table a revised explanatory statement to the bill [see schedule 2 at page 2321]. This amendment introduces a new schedule.
Amendment agreed to.
Clause 3, as amended, agreed to.
Clauses 4 to 16, by leave, taken together and agreed to.
Clause 17.
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MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (11.55): I move amendment No 3, set A, circulated in my name [see schedule 2 at page 2321]. This removes a now redundant provision.
Amendment agreed to.
Clause 17, as amended, agreed to.
Proposed new clause 17A.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (11.55): I seek leave to move an amendment to this bill that has not been considered by the scrutiny committee.
Leave granted.
MR RAMSAY: I move amendment No 2, set B, circulated in my name, which inserts a new clause 17A, and I table a supplementary explanatory statement to the government amendments [see schedule 3 at page 2327]. This is a minor and technical amendment that clarifies the operation of payment orders.
Amendment agreed to.
Proposed new clause 17A agreed to.
Clauses 18 to 21, by leave, taken together and agreed to.
Clause 22.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (11.57), by leave: I move amendments Nos 4 and 5, set A, circulated in my name together [see schedule 2 at page 2321]. These omit a new section that is now to be included in a schedule and add a new note for clarification.
Amendments agreed to.
Clause 22, as amended, agreed to.
Clauses 23 to 26, by leave, taken together and agreed to.
Clause 27.
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MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (11.58), by leave: I move amendments Nos 6 to 16, set A, circulated in my name together [see schedule 2 at page 2322]. These amendments clarify the occupancy principles in relation to existing agreements.
Amendments agreed to.
Clause 27, as amended, agreed to.
Clauses 28 to 30, by leave, taken together and agreed to.
Clause 31.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (11.59): I will be opposing this clause, as a follow-on from other amendments that are being made.
Clause 31 negatived.
Clauses 32 to 34, by leave, taken together and agreed to.
Proposed new clauses 34A and 34B.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (12.00): I move amendment No 18, set A, circulated in my name, which inserts new clauses 34A and 34B [see schedule 2 at page 2323]. These new clauses contain a clarification of the language that is used by ACAT regarding occupancy and tenancy agreements.
Amendment agreed to.
Proposed new clauses 34A and 34B agreed to.
Clauses 35 to 38, by leave, taken together and agreed to.
Proposed new clause 38A.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (12.01): I move amendment No 3, set B, circulated in my name, which includes a new clause 38A [see schedule 3 at page 2327]. These are transitional provisions regarding education housing providers in relation to occupancy agreements.
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Amendment agreed to.
Proposed new clause 38A agreed to.
Clauses 39 to 41, by leave, taken together and agreed to.
Clause 42.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (12.01): I move amendment No 20, set A, circulated in my name [see schedule 2 at page 2324]. This relates to the definition of education housing providers which will be included in the schedule.
Amendment agreed to.
Clause 42, as amended, agreed to.
Clauses 43 to 46, by leave, taken together and agreed to.
Schedule 1 agreed to.
Proposed new schedule 2.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (12.03): I move amendment No 21, set A, circulated in my name, which inserts a proposed new schedule 2 [see schedule 2 at page 2325].
Amendment agreed to.
Proposed new schedule 2 agreed to.
Clause 2.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (12.03): I move amendment No 1, set B, circulated in my name [see schedule 3 at page 2327]. These are consequential and clarification amendments based on other amendments that we have passed today.
Amendment agreed to.
Clause 2, as amended, agreed to.
Title.
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MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (12.04): Noting that this is drawing to a close substantial reforms in the residential tenancies work over the course of this government, I want to place on record again my thanks to the many people who have worked on this, including our wonderful team in our Justice and Community Safety Directorate, who have been working extremely hard on this for many years, bringing excellent expertise to this, and also to the many people across the community sector, the housing providers, who have contributed so positively. We know that we now have more effective and fair residential tenancies legislation because of that work.
Title agreed to.
Bill, as amended, agreed to.
Sexuality and Gender Identity Conversion Practices Bill 2020
Debate resumed from13 August 2020, on motion by Mr Barr and Mr Rattenbury:
That this bill be agreed to in principle.
MR COE (Yerrabi—Leader of the Opposition) (12.05): Harmful conversion practices are abhorrent and are opposed by me personally and every Liberal member in this chamber. Some terrible things have been done to people under the banner of conversion therapy. Such practices are wrong, and these harmful practices we condemn without hesitation. This bill from the ACT government extends much further than these practices, much further than the practices that Mr Barr and Mr Rattenbury have said it was intended to address.
These were concerns expressed by the ACT Law Society as recently as yesterday. They said this bill’s definition about sexuality or gender identity conversation practice is simply too broad and vague to be a proper basis for a criminal offence. This definition means that anyone who does these things will have committed a criminal offence and face criminal charges. This includes a $24,000 fine and/or up to 12 months in prison. They can also be sued for unlimited damages—that is, kids could sue their parents, with unlimited damages.
The lack of clarity has serious consequences. It risks criminalising ordinary Canberrans who act with love and compassion. The government says this legislation is about criminalising abhorrent behaviour. We support criminalising abhorrent behaviour. The Australian Medical Association ACT President, Dr Antonio Di Dio, was reported in the Canberra Times on Saturday as saying that, despite the best intentions of all concerned, we will not know how successful this balancing act has been until the new law is tested in operation. In other words, until someone is charged with these offences, it is difficult to know how this law will be interpreted in the courts. This could well be a teacher or a parent.
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This Labor-Greens bill has the potential to send well-meaning parents and teachers to jail. The Labor Party and the Greens should not be using their majority in the Assembly to push through the criminalisation of parents and teachers. This legislation is far too important to ram through the Assembly in just 14 days. Other jurisdictions have contemplated and considered these issues for many, many months.
Growing up presents many challenges. Children and adolescents face confusion about who they are and their place in the world. This often includes asking questions about their sexuality. Children and adolescents depend on the care and support of trusted adults, especially parents, teachers and others, to help them in this journey. Under this legislation there is no room for a child to safely question or explore their identity with their parents unless it is in just one direction.
In addition to the regular challenges of childhood and adolescence, gender dysphoria is a condition some Canberrans face. This bill will mean the only support they can receive from parents and teachers is active encouragement to pursue a transition. If a parent attempts to take the child outside the ACT for support, they could be charged with an offence for that too.
Despite what the co-sponsors of the bill have said, the bill affects the ability of religious organisations or schools to teach the tenets of their faith. Again, we come back to the problem of the vague definition and who will decide what constitutes a prohibited act.
The Canberra Liberals support the stated aims of this bill—to protect children and vulnerable members of our community from harmful conversion practices. We support that in principle. We do not support criminalising parents and teachers who have loving and compassionate conversations with kids going through challenging times. Families need support, not sanctions.
The Canberra Liberals will be moving reasonable amendments to include in the legislation the comments made by the bill’s co-sponsor about religious freedom and support for parents and teachers. We will also seek to refer this bill to a committee of the next Assembly so that it can be thoughtfully considered. We are happy to do that after the vote in-principle so that the intentions of this place are clear—that we of course stand united against harmful conversion practices.
Sending it to a committee, where expert advice can be sought, will mean we can all have a much better informed discussion about the best way forward. I very much hope Labor and the Greens will support these important amendments. I reiterate: the Canberra Liberals stand against harmful conversion practices. They are abhorrent and we stand in unity with the government on that.
MR STEEL (Murrumbidgee—Minister for City Services, Minister for Multicultural Affairs, Minister for Recycling and Waste Reduction, Minister for Roads and Active Travel, Minister for Tertiary Education and Minister for Transport) (12.12): This bill introduces a prohibition on sexuality or gender identity conversion practices. Conversion practices are based in the ideology that LGBTIQ+ people are broken or unnatural, and these practices purport or seek to fix people to become or express
2223 27 August 2020 Legislative Assembly for the ACT a heterosexual or cisgender identity. These conversion practices can be incredibly damaging to a person who is simply trying to be themselves the way they were born— not broken, just themselves.
These damaging practices undermine a person’s identity and sense of self-worth, with links to depression, self-harm and even suicide. Aside from being incredibly damaging, because people cannot be changed from who they fundamentally are, conversion practices are also ineffective.
The bill defines conversion practices to mean a treatment or other practice the purpose or purported purpose of which is to change a person’s sexuality or gender identity. There are also a number of exceptions to the definition which I will touch on in a minute.
The bill is directed at particular practices and not particular ideologies. The bill clarifies that practices that operate to support or affirm an individual’s identity and choices are not included. The bill also clarifies that practices aimed at providing acceptance, support or understanding of a person are not conversion practices. The prohibition covers all people who undertake conversion practices with criminal penalties attached to undertaking these practices in specific circumstances. Civil liability is attached to all people who undertake conversion practices.
This bill does not restrict religions preaching the tenets of their faith but restricts practices that objectively cause harm by actively trying to change an individual’s sexuality or gender identity. Prohibition of conversion practices is to be enforced through the ACT Human Rights Commission, which will be able to consider complaints and undertake conciliation of issues where appropriate.
An individual who has chosen to be subject to conversion practice can make their own choice as to whether to make a complaint about the practice. Only a person aggrieved, or their agent, can bring a complaint, or the commission may conduct a commission-initiated consideration into a matter.
The complaints mechanism through the ACT Human Rights Commission is designed to help build understanding between those undertaking conversion practices and those that are subject to them and help to educate on the harm caused by conversion practices. This approach recognises that many who practise conversion practices have also been the subject of them in the past and that individuals the subject of them live and practise within the same faith communities.
The ACT government recognises that preventing conversion practices requires more than just legal change; it is necessary to help create cultural change through improving broader education and understanding that these practices are wrong and cause great harm. In recent years there has been greater community awareness of conversion practices, particularly as inclusivity has flourished. In a place like Canberra it makes sense that we would seek to ensure that these practices can never happen in our inclusive city.
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Conversion practices gained greater awareness through the 2018 film Boy Erased, directed by Australian Joel Edgerton and based on the book by Garrard Conley, which depicts the abhorrent nature of these practices. In recent years legislated bans on conversion practices have occurred in many countries, thanks to the increase in awareness about these damaging practices.
The ACT government will continue to work with community organisations over the coming period to ensure that the implementation of the bill is understood by organisations impacted and to help ensure that community organisations have the capacity to support affected individuals. The ACT government will also continue to work with organisations to determine what other needs and supports need to be in place to prevent this harm from occurring.
The bill also includes a review after two years of operation. This will allow for a period of time to consider how effective the bill is in addressing the harms caused by conversion practices and will allow any changes to be made to ensure that the bill is fit for purpose.
With this bill our government values people for who they are—LGBTIQ+—and stands against damaging, non-evidence-based practices employed by those who seek to change other people. I commend the bill to the Assembly.
MS ORR (Yerrabi—Minister for Community Services and Facilities, Minister for Disability, Minister for Employment and Workplace Safety and Minister for Government Services and Procurement) (12.17): I rise today in support of the Sexuality and Gender Identity Conversion Practices Bill 2020. ACT Labor is proudly committed to protecting the rights of LGBTIQ+ Canberrans and ensuring that our city is an inclusive place for everyone to live. Discrimination in all its forms must not be accepted in our society, and this government has a strong track record in making the necessary legislative reforms to ensure that diversity is respected and celebrated in the ACT.
Sexuality and gender identity conversion practices harm LGBTIQ+ people. We have seen across the world and here in Australia how detrimental these practices are to the health and wellbeing of those who experience them. The bill before us today will ensure that these harmful conversion practices do not take place in the ACT, with criminal penalties to apply to any person who undertakes such a practice.
The bill will also deliver a new complaints jurisdiction within the Human Rights Commission to deal with complaints related to conversion practices, providing an independent and supportive avenue for any person to raise their concerns. Overall, this legislation is measured and will deliver the simple yet important outcome to protect the lives of LGBTIQ+ Canberrans.
Members would be aware of a range of misinformation that has been circulating in the past few weeks, and I know that the Canberra community have expressed their concerns with some of the assertions that have been made. It is important in debating this issue that we stick to the facts and remember the emotional toll that these discussions can have on LGBTIQ+ people and their families.
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A 2018 joint report conducted by the Human Rights Law Centre, La Trobe University and Gay and Lesbian Health Victoria notes that at least 10 organisations in Australia and New Zealand were advertising the provision of conversion practices. This proves that conversion practices occur in Australia and that our entire population may be exposed to advertising and messaging related to them.
We also know that thousands of people have been harmed by these practices for decades, and many of those who have survived have shared their experiences to inform the public discourse on this matter. A total of 15 LGBTIQ+ people participated in the 2018 study I mentioned, bravely sharing their experiences in the first academic study of its kind in Australia. It is thanks to people like these participants that legislation is now making its way into parliaments across the country to protect the lives of LGBTIQ+ Australians.
We know conversion practices are not based on improving health outcomes for LGBTIQ+ people, and it is not just the ACT government that believes conversion practices should be banned. The Australian Medical Association, the Australian Psychological Society and the Royal Australian and New Zealand College of Psychologists have all condemned conversion practices.
While there is concern among some people that this bill may impact their freedom of religion, the simple fact is that conversion practices have no place in our society. While everyone deserves the right to express their religion, no-one has the right to cause harm based on their religion.
I acknowledge the many organisations and individuals who engaged in the consultation on this bill and recognise the Chief Minister and the Office for LGBTIQ Affairs for undertaking a process that ensured all views were heard and responded to accordingly. It is important for everyone in our community to have the opportunity to express their views on legislation before the Assembly and I am confident that this bill reflects our community’s expectation while ensuring that every Canberran can still practise their faith and religion.
As a minister in the ACT government and a member of Canberra’s LGBTIQ+ community, I am proud that we are delivering this important protection for Canberrans which delivers on a key commitment in the capital of equality first action plan 2019-20. Today we have the opportunity to pass legislation that will protect and save the lives of thousands of Canberrans, including children and young people.
Our community expects us, as their representatives, to pass laws that make our city a better place. and Canberrans are rightly proud to live in the most inclusive jurisdiction in Australia. This legislation delivers on our longstanding commitment to support every Canberran from harm based on their gender or sexuality. I am hopeful that, as a parliament, we can all come together in support of this bill and continue to lead the way in promoting inclusion for all. I commend the bill to the Assembly.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister
2226 Legislative Assembly for the ACT 27 August 2020 for Business and Regulatory Services and Minister for Seniors and Veterans) (12.22): Earlier this week I signed the instrument which commences the operations of the fifth bill passed during this term of government that responded to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. The pieces of legislation have been core to the work of this government over the past four years. They have not been without controversy; they have not been without opposition from people or institutions in this Assembly, across the ACT and in other parts of Australia. But each one has been the right action for us to take.
Each one has weighed a range of rights and practices, including practices held by people of faith. They have each considered human rights and the values and the compassion held by the people of Canberra. Additionally and importantly, they have given weight, additional priority, to those who are most vulnerable—our children.
Those bills arose from the fact that we have grown as a society. We realise now that things that were done in the past have had a devastating impact on young people. That has not simply lasted a few days or months, or even years; it has impacted, and continues to do so, for decades.
In considering those bills in the face of some of the individual and institutional opposition, we affirmed in this place that we have grown in our understanding of humanity. We have grown in our understanding of the way lives can be traumatised. We have grown in our commitment and our resolve to say, “No more.” That is why this bill is so important.
Like all government bills in the ACT, today’s bill has been subject to a careful process of scrutiny to ensure that it is compatible with the ACT Human Rights Act. This process requires that any limitations on human rights must be reasonable and demonstrably justifiable in a free and democratic society. In this case, human rights have been a key consideration from the outset.
Importantly, the core aim of prohibiting conversion practices is to protect the human rights of LGBTIQ individuals to equality and non-discrimination to ensure that they are not subject to practices that cause long-lasting harm, simply because of their sexuality or gender identity.
In developing the current bill, careful attention was given to the approach taken in Queensland, which bans a broader scope of practices but focuses on conversion practices conducted as part of a health service. We have narrowed the scope of practices in this bill, but it is clear from the evidence in the accounts of survivors that conversion practices now occur largely outside formal health settings and are more likely to occur in informal contexts. It was not appropriate for us to ignore this dimension.
Prohibiting conversion practices necessarily engages the right to freedom of thought, conscience, religion and belief. This right is protected in section 14 of the Human Rights Act and is drawn from article 18 of the International Covenant on Civil and Political Rights. The right is fundamental in our democratic society, and engaging this right must be rigorously justified.
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Careful attention has been given to ensuring that any limitation on the right to religious freedom is proportionate and is the least restrictive approach reasonably available to achieve the legitimate objective of preventing the known harms of conversion practices. Importantly, the definition of conversion practices reflected in this bill is focused. It is targeted in its scope and it catches only those practices conducted with the aim of changing an individual’s sexuality or gender identity.
It is naive to suggest, as some have done, that these dangerous practices could be stopped through a civil regime, such as a working with vulnerable people card or health regulations. There is an insidious and clandestine manner in which these practices are carried out, mostly against children. It is a form of abuse; it is a profound violation of human rights. Abuse of young people is not appropriately best covered by civil regulation, and that is why criminal sanctions ought to apply.
As a final element, I want to touch on an aspect that, generally, I have deliberately avoided doing so over the past four years. Members would be aware that I am a person of faith and I remain a minister in a Christian denomination. I am by no means the only person of faith here—there are people of different faiths and of no particular faith on both sides of this chamber. But my experience brings a particular perspective—I have led congregations and communities of faith where people have sought refuge after being subjected to conversion therapies done in the name of the church and even, at times, in the name of God.
These stories are not mine to tell, but I assure members that they are painful and they are traumatic. Needless to say, they are experiences that we as a society—and faith institutions comprise an important part of this society—must strive to avoid in the future. It is self-evident that Christian faiths and other faiths do not require an understanding of sexuality and gender that leads to simplistic binary perspectives. People of faith can and do hold the view that their values and their faith lead them to an opposition of conversion practices and support of this bill.
Members of the Assembly will have received, as I did, an articulation of this position earlier this week that drew on faith understandings from here and overseas, the ancient writings affirmed as scripture across the church, as well as drawing on medical and psychiatric evidence. I note not only that it drew support from local church leaders but also that the Uniting Kingdom Church of England called for the banning of conversion therapy in 2017.
For people to claim,, as some have done publicly and some have done particularly aggressively that holding a faith should lead us to oppose this bill is particularly disingenuous. I certainly hope that no-one in this place has done anything that has supported or fostered such an inaccurate and abusive position.
This bill is about protecting our most vulnerable. It is carefully considered and it is a human rights compatible bill. I believe it affirms the rights and values that this community upholds and wishes to embed even more now and into the future. I commend the bill to the Assembly.
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Debate interrupted in accordance with standing order 74 and the resumption of the debate made an order of the day for a later hour.
Sitting suspended from 12.30 to 2.00 pm.
Questions without notice Taxation—Tax Reform Advisory Group
MR COE: Not surprisingly, my final question for the term is to the Chief Minister and Treasurer. In a public accounts hearing on 28 February this year, you admitted that you did not go out to tender and that you and your office hand-picked who would be invited to be part of the Tax Reform Advisory Group. It was also confirmed that you received a draft report related to this in February but that there needed to be revisions to make sure that the Barr government was “completely comfortable” with what was in it. Treasurer, what findings didn’t you like in the original draft, and what was changed to make sure you were “completely comfortable” with what the experts recommended?
MR BARR: There were no changes to anything that the experts recommended.
MR COE: Treasurer, if there were no changes, when did you receive the report, and why haven’t you tabled it prior to today?
MR BARR: The draft report was received earlier in the year and finalised reports were received this month.
MR WALL: Treasurer, how can Canberrans trust what you say, given that you have admitted to stacking the Tax Reform Advisory Group, potentially reworking the final report to ensure that you were “completely comfortable” with it, and then continuing to keep this report hidden and secret from Canberrans for months?
MR BARR: Casting aspersions on the integrity of the National Centre for Social and Economic Modelling, the Tax and Transfer Policy Institute of the ANU and Victoria University shows just how duplicitous and hopeless this opposition is.
Planning—development
MS LE COUTEUR: My question is to the Minister for Planning and Land Management and relates to development in the ACT. Minister, why has the government largely failed to address concerns about consultation and poor quality development over the last four years, despite constant pressure from the Greens and the community?
MR GENTLEMAN: I do not agree with the premise of Ms Le Couteur’s question. We have, indeed, improved the aspects of development across the city. The statement of intent for future development was very clear in the way that we will mix 70-30 into the future. But then there are outcomes in building design and quality, as well, that are being addressed by Minister Ramsay at the same time. What we have seen in the last
2229 27 August 2020 Legislative Assembly for the ACT four years, when I have been the planning minister, has been a better planning system and a future that Canberrans can be proud of as we look for opportunities for planning into the future. Of course, the planning review is in process now, and that will be completed next year.
MS LE COUTEUR: Minister, is the lack of real action, as distinct from a planning review or a statement of intent, due to the ALP not wishing to upset the development lobby?
MR GENTLEMAN: No.
MR COE: Minister, is the planning system in need of reform, according to the government?
MR GENTLEMAN: The planning system is being reviewed. It is a learning process as we go through. We understand that Canberrans want to live, and we want to provide choices for Canberrans into the future. That is why we have supported the current statement of intent for opportunities for people to live in single residential and multi-unit developments, close to parks and transport corridors. It is about choice. That is what the government has put forward, and Canberrans are enjoying those choices.
Land—valuations
Members interjecting—
MADAM SPEAKER: Members, I will call for questions without notice, not comments from the floor.
MR PARTON: My question is to the Minister for Housing and Suburban Development. Minister, you have previously indicated that the basis for the high pricing and low sales rates of residential land is that it must be sold at or above valuation. Can the minister point to any SLA or other government documentation that directly and unambiguously says that sale prices achieved must be at or above valuation?
MS BERRY: It is actually the planning minister that is responsible for the pricing of land. It is in his portfolio area. The valuation process within the SLA is making sure that the price of land reflects the market that exists in the ACT before a piece of land can be sold. That is the case for all sales of land in the ACT, including private developers like Denman Prospect, to consider the market before they can put the land—
Mr Parton: On a point of order, Madam Speaker, I do not think the minister is being relevant to the question. The question was very, very clear: can the minister point to any SLA or other government documentation that directly and unambiguously says that sale prices achieved must be at or above valuation? That is the question.
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MADAM SPEAKER: She has made reference to the responsibilities of the planning minister and is talking about the SLA documentation.
MS BERRY: The document under the planning minister’s remit is the Planning and Development Act. That is where it sits. There is my answer.
MR PARTON: Minister—whichever one—have any residential blocks of land been sold for prices below valuation, the reserve or the list price? Again: have any residential blocks of land been sold for prices below valuation, the reserve or the list price?
MS BERRY: I will take that question on notice to find out exactly if that is the case. If it is the case then I can provide that response back to Mr Parton.
MR WALL: Minister, have there been any instances where Mr Fluffy blocks have sold for prices below their valuation, their reserve or their list price?
MS BERRY: Again I will have to take that question on notice. It sits with Minister Suzanne Orr. I can get that advice and, if that is the case, I can provide that information from Ms Orr.
Housing—affordability
MR WALL: My question is to the Minister for Housing and Suburban Development. Minister, during the last five years the Barr Labor government has overseen a near 30 per cent increase in the median house rental price in Canberra, to now $575 per week. Rates, taxes, fees and charges have also increased dramatically through the same period. Minister, is paying $575 a week in rent affordable for Canberra families?
MS BERRY: I would say that the country is experiencing a rental crisis; that is for sure. The ACT is not alone in that issue and the effect that it is having on members of our community. So the ACT government is working hard to ensure that people get into homes that they can afford to stay in, spending millions of dollars on public, affordable and community housing over the next six years and over the last five years. More than just selling off public housing or making promises that you cannot keep, the ACT government is working very hard to make sure that people have support for rental properties, public housing and affordable housing, and making sure that they have choices about where they live across our beautiful city.
MR WALL: Minister, why has the Barr government driven up rental prices to a nation-leading $575 a week when Canberrans are already struggling with cost of living pressures?
MS BERRY: It has not.
MR PARTON: Minister, what do you have to say to Canberra families who are struggling with your legacy of a $575 a week rent?
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MS BERRY: As I said, the government is committed to making sure that everybody in the ACT community has access to a home of their own, whether that is an affordable rental property, whether that is a home in the suburbs or whether that is in a high-rise in the city. The ACT government will continue to work to make sure that everybody, regardless of their income, gets to call a home their own.
Access Canberra—traffic infringement notices
MISS C BURCH: My question is to the Minister for Business and Regulatory Services. Minister, the relative of a constituent was recently advised by Access Canberra of a speeding infringement alleged to have occurred on a date when the relative was in fact at another location. When they denied the charge and queried this, ACT Policing advised that there was a system error that resulted in an incorrect date on the infringement notice caused by the leap year. Minister, what was or is the extent of this error? For example, did it affect the speed camera system as well as the infringement notice system?
MR RAMSAY: Given the detail in the question, I will take it on notice.
MISS C BURCH: Minister, how many infringement notices will also have been issued with incorrect dates?
MR RAMSAY: Again, noting not only the detail but also the crossover between the portfolio of the minister for police and my portfolio, I will take that on notice.
Mr Rattenbury interjecting—
MR PARTON: Yes, I am getting my steps up, Mr Rattenbury. Minister, will you ask Access Canberra to issue a written apology to those impacted by these errors?
MR RAMSAY: Given the fact that I am still clarifying what errors may or may not have occurred and whether they are within Access Canberra or Policing, I will take that on notice.
Parking—Greenway
MS LAWDER: My question is to the Minister for City Services. On 24 June this year I asked you about the parking issues in Greenway near Lake Tuggeranong. Following this, a business owner and residents were advised that there was a gentlemen’s agreement and that the building company was to send a parking plan to TCCS to provide alternative parking on Mortimer Lewis Drive. As recently as this week, due to the parking chaos, people still cannot get a car park and there has been at least one accident this week. Why are there still parking and traffic issues plaguing this area, such that visitors to the learn-to-ride park cannot get a car park?
MR STEEL: I thank the member for her question. It is because the construction vehicles associated with buildings in the area have been parking in the car park. That is the reason. We have been working with the developers, and it was my
2232 Legislative Assembly for the ACT 27 August 2020 understanding, based on the latest advice that was provided to me, that, as a result of them completing a number of streets as part of those developments, those construction vehicles would then be able to park in those streets rather than in the learn-to-ride car park.
MS LAWDER: Minister, why have you not taken any action to try to resolve these parking and traffic issues?
MR STEEL: I refer the member to the answer to the last question.
MR PARTON: Minister, tell me: where else in the government do we rely on gentlemen’s agreements?
MR STEEL: I thank the member for his question and the use of an ironical expression—which I am not sure is actually allowed under the standing orders. But certainly we have been working with the developers, and that is what we do with the community. We try and educate and work with our community to deliver the outcomes that we want to see—in this case, freeing up some of the parking there that has been an issue. We have acknowledged that and have taken action.
Education—IT security
MS LEE: My question is to the Minister for Education and Early Childhood Development. Minister, following the IT breach on 14 August, the Education director-general wrote to all parents on 25 August outlining steps since taken, including loss of emails, security enhancements, limiting access to global groups, and working to ensure that consistent and appropriate action is taken for those involved. Minister, how was this email distributed? Did it involve the creation of a new global parent email list and, if so, how much more secure is this list than the lists that a student or students were able to hack into?
MS BERRY: There are quite a number of questions there from Ms Lee. I have provided a lot of information to Ms Lee about this issue and will continue to do so. She is welcome to contact my office for details at any time.
I do not think “hack” is the word that I would use for access to the addresses that were then shared amongst the public schools communities, but that has been resolved now and protections have been put in place, under the advice of experts, to ensure that it cannot happen again. There are additional security measures, including the inability of students to share beyond 30 emails at a time. More than that and they will not be able to send an email.
Additional protections have been put in place on the advice of Foresight, who have been overseeing the work that the Education Directorate has been doing to ensure that the site is secure and that children can continue to learn online in this new world that we are in, where remote access to education is so important.
MS LEE: Minister, what consistent and appropriate action has been taken to identify and counsel the students involved in the breach?
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MS BERRY: The Education Directorate and the AFP are working together on that process.
MRS KIKKERT: Minister, how can parents of our schoolchildren have confidence that what you are doing will protect their kids in the future?
MS BERRY: A number of communications have gone out to our parent and school communities to reassure them that the appropriate action has been taken to secure the email networks within our Google systems across our schools. I am a parent of children in the public school system as well and have children who were affected by this email issue. I am assured that the process that has been followed by the Education Directorate, with support and advice from Foresight, is ensuring that this system remains accessible but is also secure so that students can continue to get on with technology-based learning.
Government—schools policy
MR GUPTA: My question is to the Minister for Education and Early Childhood Development. Minister, how has the ACT government delivered new and better schools over the last four years?
MS BERRY: I thank Mr Gupta for the question. Last year the ACT government opened Margaret Hendry School in Taylor. Margaret Hendry was one of the ACT’s first carbon-neutral schools, and it is catering for a growing young community in our city’s north, with around 600 students. Last year the government completed the $25.7 million upgrade at Belconnen High School, transforming it into something that is nearly unrecognisable from the school that it was in the past. These staged modernisation works include refurbished classrooms as well as admin areas and roof replacements.
Over this term the government has delivered two future skills academies, Mungga-iri Jingee for the south side and Dhawura Ngadjung for the north side. These academies are high quality facilities where both students and teachers can develop skills that are transferrable across many of our fastest growing occupations.
We have not just been building new schools; we have been upgrading our schools. Just this year alone, a new roof was installed at Calwell High. There is a new outdoor hard court for Weetangera Primary. There is a new outdoor play area and shade sails for Cranleigh, and there is a new evaporative cooling system in the gym at Gungahlin College. Namadgi has a car park upgrade, with improved classroom spaces and new paint on the gym and front sign. Duffy Primary School saw new turf and irrigation. There are new admin and support areas at Lanyon High. There are roof upgrades at Charnwood-Dunlop Primary School as well as a new outdoor garden play space.
They are just a small number of the upgrades and programs that have been occurring across our schools across the ACT. In addition to that, there is the investment that the ACT government has made in our schools during COVID-19 to ensure that people remain employed but that our schools get the repairs and maintenance that they need.
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MR GUPTA: Minister, how is the government making sure that there is a local public school in areas of high population growth?
MS BERRY: The ACT government continues to invest in Canberra’s future by building on its election commitments to build new public schools and expand schools in areas of growth. This week I announced that the government would build a new public high school in Kenny as well as expand Amaroo school and provide additional transportable classrooms for schools all across the ACT.
The number of Canberra public school students continues to grow by about three per cent each year, as the population grows and as more families are choosing public education. Gungahlin continues to be one of the fastest growing regions in the country. That is why the government has invested more than $12 million to expand Amaroo’s senior campus by an additional 200 places and provide new specialist learning facilities for the 2022 year. The government has also committed to deliver a new high school for Gungahlin, with over $72 million to deliver a new high school in the suburb of Kenny, in east Gungahlin. Across Gungahlin, the government is also expanding Franklin school for 600 students from kindergarten to year 6 as well as increasing capacity at Gold Creek senior campus by 200 places. In 2022 Canberra will also see its 90th public school, in Throsby.
MS CODY: Minister, how is the government ensuring access to public education throughout our city?
MS BERRY: This week I announced an additional $17 million investment in high quality modern transportable classrooms for public schools across the ACT. Transportable schools are great these days and nothing like the old demountables many of us would be familiar with. They are spacious, comfortable, insulated, air-conditioned and designed to meet current energy targets. They meet all the same standards as normal permanent buildings and have the same comforts and technology. As student numbers increase and decrease and as suburbs go through their demographic cycles, transportables help to meet the changing demand and can be moved around as different schools go through their peaks. This week’s announcements will see an additional 750 places in public schools across the city to meet the projected enrolment growth where it is needed most.
Madam Speaker, this is not a new way that governments manage change in demographics across suburbs in the ACT. Every state and territory manages these changes to demographics in the city and across the states and territories to make sure that every child in their local area has access to their local school. The government will also continue detailed planning for future school needs in the city and gateway region, including areas of growth like west Belconnen, Molonglo, Belconnen and Woden town centre.
Municipal services—footpaths
MR MILLLIGAN: My question is to the Minister for City Services. In this week’s CityNews Paul Costigan said—
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Members interjecting—
MR MILLLIGAN: You may not like it, but he speaks truthfully here. He said:
My electorate are keen to know if Minister Steel is working hard to lose or just doesn’t care about maintaining our city’s parks, green space and paths.
Just this week I have been contacted by two constituents, Ian from Amaroo and Ana from Franklin, who have tripped and fallen on badly maintained and broken footpaths. Both have received injuries from these falls. The response from your government was to send “one of those patronising and useless letters that this Labor-Greens government is now infamous for”, as Costigan put it. Minister, why can’t your government get the basics right and give the ratepayers of our city safe and well-maintained footpaths?
MR STEEL: I thank the member for his question. Our government has invested a significant amount of money over the last four years and the last few months, and has built over 50 new footpaths just over the period of the pandemic, to protect and create jobs and to make our city more accessible for people from all walks of life, including older people in our community.
When those issues are raised with me and with Transport Canberra and City Services, we take them seriously. We go out and assess those issues and we look at how we can repair those paths, as part of our community footpath priority list. We do that over a period of time. Our government has been investing in that footpath maintenance because we want to protect and create local jobs and make our city more accessible, and we will continue to do that.
MR MILLIGAN: Minister, will you commit to acknowledging to Ian and Ana from Yerrabi the failure of your government to maintain footpaths?
MR STEEL: Our government will continue our approach of taking residents’ concerns seriously, investigating those concerns and keeping up maintenance of our footpaths and all other services across our city.
MS LAWDER: Minister, should we just change your title to “minister for city disservices”?
Mr Steel: A point of order, Madam Speaker. It is another ironical expression.
MADAM SPEAKER: It was probably an ill-informed question, but I think you can dismiss it, if you choose to answer it, minister.
MR STEEL: Thank you, Madam Speaker. I will take your advice.
Health—specialist services
MRS KIKKERT: My question is to the Minister for Health. I refer to your answer to a question on notice regarding waiting times for children to see specialists in our
2236 Legislative Assembly for the ACT 27 August 2020 health system. For example, more than 1,000 kids are waiting up to 606 days to see an ear, nose and throat specialist, with 3,700 children facing long waits to see a specialist. The median wait time to see a dermatologist was four years, while it was three years to see a urologist. Why are some 3,700 children waiting so long to see a specialist?
MS STEPHEN-SMITH: I thank Mrs Kikkert for the question. Some of the wait times across paediatric services certainly are concerning and disappointing, and that is why Canberra Health Services is working very hard on several initiatives and plans to improve those. That includes additional resources, recruitment and implementing new processes and strategies to better meet demand for paediatric services.
As you would be aware, Madam Speaker, the delivery of paediatric services is a complex mix of public and private and local and interstate services, but some of those wait times are actually the result of the introduction of new services. For example, in gastroenterology, Canberra Health Services put on a new paediatric gastroenterologist about 12 months ago. That service is taking demand that would have previously been referred interstate, which is good for Canberra kids, but it does mean that there is then a demand for a service that did not previously come under those wait times because those would have been services previously provided interstate.
It is a challenge for our community that, with a population base of fewer than 450,000 people, not all paediatric specialist services can be provided in the ACT. For those that are, it is sometimes a challenge to recruit paediatric specialists. We know that, with the retirement of a couple of paediatricians, there is some recruitment going on, and that will continue.
MRS KIKKERT: Minister, why does the ACT health system so severely disadvantage low income families?
MS STEPHEN-SMITH: I am not quite sure to what Mrs Kikkert is referring or whether she has any evidence in relation to that.
MRS DUNNE: Minister, what is the risk that children on the waiting list, waiting a long time to see a specialist, will face worse health outcomes as a result of their wait?
MS STEPHEN-SMITH: I thank Mrs Dunne for the supplementary but, as she well knows, there is a triage system for both outpatients and surgery. People who are on the wait list are advised that if their condition appears to be worsening, or if they are concerned, to go back to their general practitioner and to seek a new referral, if that is looking like a threat for those people and their condition.
We are also working with general practitioners and through the Capital Health Network to improve referral pathways between general practitioners. As you would be aware, Madam Speaker, some general practitioners have sub-specialties, so there is work going on across primary practice to enable general practitioners to refer to one another as well as to refer to specialists and also to better understand what the referral pathways might look like in using allied health as well as specialist appointments. So there is a wide range of work going on to address these issues.
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Health—specialist services
MR HANSON: My question is to the Minister for Health. Minister, in the media, on 25 August, you said about specialists:
We know for example that ear, nose and throat is an issue across paediatric and adult services and there are other areas where it is quite hard to attract specialists to the ACT.
Minister, why is it hard to attract ear, nose and throat specialists and specialists in other areas of high demand to work in the ACT?
MS STEPHEN-SMITH: There are a combination of reasons. Sometimes it is because there is actually a national shortage of specialists in those particular areas and sometimes, as I have indicated, it is because of our population base of fewer than 450,000 people. Specialists want to work in areas where they are going to be able to actually treat people in their speciality every day of the week and get a wide range of cases. That is much easier to do when you have a large population base. That is one of the reasons that it is difficult.
What we are doing is working on a child and adolescent health services plan to do what we can to expand the availability of specialist paediatric services here in the ACT, as we have done with gastroenterology and as we also have done with ophthalmology, where, without actually recruiting a specialist full time here in the ACT, we now have two visiting paediatric ophthalmologist specialists one day a month each from Sydney and from Melbourne. This is also a service that did not exist before, which has created some built-up demand. That is another example of how we are trying to work through some of those issues to ensure that Canberrans can get the health care that they need closer to home.
MR HANSON: Minister, to what extent has the poor culture and failing infrastructure in our public health system made it difficult to attract specialists to the ACT?
MS STEPHEN-SMITH: I completely reject that this has anything to do with infrastructure, but I will take the opportunity to remind the Assembly that we are of course making the largest single investment in healthcare infrastructure since self-government, in the Canberra Hospital expansion. We have of course just this week opened the new nurse-led walk-in centre in the inner north, in Dickson, and reopened the maternal and child health facilities at the Dickson Community Health Centre as well as the podiatry and foot care that has returned to that centre. We continue to renew our health infrastructure.
I also point out that in the most recent culture survey conducted in November last year across Canberra Health Services—
Mr Hanson interjecting—
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MADAM SPEAKER: Mr Hanson, you will withdraw that. There is an implication that the minister has been lying about service delivery. I ask you to withdraw.
Mr Hanson: It was actually a lie about the delivery of the hospital but—
MADAM SPEAKER: You will withdraw or you will sit down and you will be warned.
Mr Hanson: I will withdraw.
MADAM SPEAKER: Did you withdraw?
Mr Hanson: I will withdraw again if you like.
MADAM SPEAKER: You are now warned, just to wind up the last sitting day.
MS STEPHEN-SMITH: Thank you, Madam Speaker. As I was saying, the culture survey conducted at Canberra Health Services late last year actually has the best outcome in terms of culture that has ever been seen across ACT Health Services. Was it where we want it to be? Absolutely not, but that is why we had the independent review into the culture of health services across the public health system. Calvary, Canberra Hospital, the University of Canberra Hospital and our Health Directorate— all of those were covered. We are responding to the 20 recommendations but we are also going beyond that. Minister Rattenbury and I had a really good meeting with the culture review oversight group earlier this week.
MRS DUNNE: Minister, to what extent does poor treatment of junior doctors, such as underpayment for long hours that they have worked, give the ACT a poor reputation?
MS STEPHEN-SMITH: I thank Mrs Dunne for the supplementary. The CEO of Canberra Health Services, Bernadette McDonald—and, in fact, the AMA—have rejected Mrs Dunne’s claims in relation to this matter. There is a lot of work going on in Canberra Health Services, as there is in Calvary, to support our junior doctors and to ensure that in fact we can address the longstanding culture of people being expected to work long hours.
Last week we spoke about the payroll issue, and I have addressed that issue comprehensively.
Canberra Health Services—staff wages
MADAM SPEAKER: I welcome you for your last question, Mrs Dunne.
MRS DUNNE: Thank you, Madam Speaker. My question is, surprisingly enough, to the Minister for Health. Minister, it is my understanding that the ACT government has been aware of systemic underpayment of employees of the Canberra health service since July 2018 at the latest. When did you first become aware?
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MS STEPHEN-SMITH: If it were not Mrs Dunne’s last day I would request that she provide some more information in a question on notice so that I can understand the context of her question better, but in this case I will just take it on notice.
MRS DUNNE: Minister, on what date will the junior doctors at the Canberra Hospital who have not received their full entitlement receive their full entitlement in their bank accounts?
MS STEPHEN-SMITH: As we discussed last week, there is an investigation going on between Canberra Health Services and Shared Services payroll, who do an absolutely outstanding job of managing the very complex payroll across the ACT government, with a range of different rosters and enterprise agreements. I will take the detail of that question on notice, but that investigation is well underway and junior doctors were further informed of that process last week.
MISS C BURCH: How much money in total is owed to Canberra Health Services staff?
MS STEPHEN-SMITH: I do not know that we will be able to answer that question. I will take the detail on notice. But I also point out that Mrs Dunne noted last week that it looked, from the work that one of the junior doctors had done, like there was some underpayment, some overpayment and some people who were paid exactly as they should have been. That is all being investigated. So it is probably impossible to provide an answer to that question at this time.
Government—environmental protection
MS CODY: My question is to the Minister for the Environment and Heritage. How is the ACT government protecting the environment?
MR GENTLEMAN: I thank Ms Cody for her interest in protecting the environment. I am immensely proud of the efforts this government has undertaken to protect the environment during this term of government—from the investment in solar and renewables to the mammoth task that has been the bushfire recovery to date. We have protected our bush capital and the parks and wildlife that Canberrans enjoy.
This government has prioritised the protection of our ACT woodlands, reserves and urban green spaces. We have added well over 2,000 hectares to our lowland grassy woodland reserves since the commencement of our woodland conservation strategy. We have taken steps to protect important species in our reserves through innovative restoration practices and diligent management. We have funded award-winning citizen science programs, such as Waterwatch and FrogWatch, which enhance our vibrant environment.
We know Canberrans value their green spaces, and I am proud to have been able to ensure that all Canberrans have close and easy access to local nature reserves, national parks, grasslands and pine forests. Protecting and preserving these areas requires measured strategies and careful planning. This has been a sustained commitment by
2240 Legislative Assembly for the ACT 27 August 2020 our government, such as in Throsby, where we have prioritised creating a new nature reserve ahead of urban sprawl. I thank the staff of the Environment, Planning and Sustainable Development Directorate for their tireless work in this area.
The government has also protected the environment through strategies supporting the living infrastructure in our region, particularly through the healthy waterways project, national resource management and the Parks and Conservation Service. This government has remained committed to protecting our environment and doing so through responsible long-term strategies and funding.
MS CODY: Minister, how is this reflected in the recovery of Namadgi National Park after this year’s bushfires?
MR GENTLEMAN: I thank Ms Cody for the supplementary. The devastating bushfires earlier this year burnt about 80 per cent of Namadgi National Park and 22 per cent of Tidbinbilla Nature Reserve, significantly impacting our local environment. Namadgi is one of our most iconic and botanically diverse parks and the road to recovery there will be a long one. We know that many Canberrans cherish visiting the park and we remain committed to supporting the recovery work in the years ahead.
We have effectively responded to the most immediate threats to our natural and cultural landscape caused by the bushfires. Our rapid response assessment team, which included fauna ecologists, hydrologists, archaeologists and infrastructure experts, released their report early in the year, outlining their recommendations for immediate and future recovery action in response to bushfires and flooding in Namadgi and Tidbinbilla Natural Reserve.
The bushfire recovery plan being developed by the government addresses the immediate fire-impacted areas as well as the broader impacts, including ecosystem trends and issues such as climate change and adaption, continuing dry conditions and the safeguarding of Canberra’s water supply.
Across government, our teams have worked tirelessly to assess and address significant impacts to wildlife and ecosystems, heritage, hill slope erosion, ACT water catchments and community safety. The COVID-19 public health emergency has provided challenges to progressing some of this work. However, I am immensely proud of the work that has been done so far.
MR GUPTA: Minister, how has the government added to our parks and reserves?
MR GENTLEMAN: I thank Mr Gupta for his interest too. Our city is blessed, of course, with parks and reserves. According to the most recent State of the Environment report, we have the most green space per capita of any capital city, with 98 per cent of Canberrans living within 400 metres of a green space.
I am proud that we have added to this since that report came out. In the past few years we have created the Franklin grassland nature reserve and the Molonglo River nature reserve. Our reserves contribute to health and wellbeing in the ACT by providing a
2241 27 August 2020 Legislative Assembly for the ACT destination for morning runs, dog walking and generally connecting with nature. These spaces have been more vital to the wellbeing of Canberrans than ever during the COVID-19 restrictions.
The reserves also play a vital role in conserving the natural environment through protecting endangered woodlands, grasslands and animals and providing important wildlife corridors through the ACT and into New South Wales.
The Franklin grasslands have been important in protecting flora and fauna and support both the natural temperate grassland and the golden sun moth, along with the small patch of yellow box and red gum grassy woodland. It is also home to populations of the threatened striped legless lizard, the perunga grasshopper and Ginninderra peppercress and provides a foraging habitat for the superb parrot.
The Molonglo River reserve contains some of Canberra’s best river landscapes and is home to many native plants and animals, including the threatened pink-tailed worm-lizard, the superb parrot, natural temperate grassland and box gum grassy woodland habitat. The rich biodiversity contained within the nature reserve provides a variety of conservation, research, recreational and educational experiences for all to benefit from.
The government respects the value Canberrans place on nature reserves and green spaces and is committed to continuing this work for all ACT residents to enjoy.
Mr Barr: That’s the end. All further questions can be placed on the notice paper.
MADAM SPEAKER: I agree with that, Mr Barr.
Papers
Madam Speaker presented the following papers:
Assembly Budget Protocols—Agreement between the Speaker and the Chief Minister on budget and funding arrangements for the Office of the Legislative Assembly and Officers of the Assembly, dated 20 August 2020. Standing order 191—Amendments to: Justice Legislation Amendment Bill 2020, dated 26 and 27 August 2020. Planning Legislation Amendment Bill 2020, dated 26 and 27 August 2020.
Mr Gentleman presented the following papers:
Auditor-General Act, pursuant to subsection 21(1)—Auditor-General’s Reports— No 3/2020—Data Security—Government response. No 6/2020—Transfer of workers’ compensation arrangements from Comcare—Ministerial response, dated August 2020.
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Commercial waste reduction—Mixed-use areas—Response to the resolution of the Assembly of 4 June 2020—Statement, dated August 2020. COVID-19 Emergency Response Act, pursuant to subsection 3(3)—COVID-19 Measures—Report No 4—Reporting period 1-31 July 2020, dated August 2020. Education, Employment and Youth Affairs—Standing Committee—Report 9— Youth Mental Health in the ACT— Recommendation 19—Timeline for completion of the Adolescent Mental Health Unit at the Centenary Hospital for Women and Children, dated 27 August 2020. Recommendation 48—Update on the 2018 position statement on eating disorders, dated August 2020. Estimates 2019-2020—Select Committee—Report—Appropriation Bill 2019-2020 and Appropriation (Office of the Legislative Assembly) Bill 2019- 2020—Recommendation 56—Update to Government response, and Health, Ageing and Community Services—Standing Committee—Report 10—Report on Inquiry into Maternity Services in the ACT—Recommendation 3—Canberra Maternity Options Service—Implementation Progress Report— Report. Statement, dated 27 August 2020. Estimates 2019-2020—Select Committee—Report—Appropriation Bill 2019-2020 and Appropriation (Office of the Legislative Assembly) Bill 2019- 2020—Recommendation 99— Centre for Eating Disorders—Update to the Government response, dated 27 August 2020. Financial Management Act— Pursuant to section 26—Consolidated Financial Report—2019-20 Interim result—Financial quarter ending 30 June 2020. Pursuant to subsection 30F(3)—2019-20 Capital Works Program—Progress report—Year-to-date 30 June 2020. Functional Family Therapy—Child Welfare—Implementation update, dated August 2020. Out of Home Care Strategy 2015-2020—A Step Up for Our Kids—One Step Can Make a Lifetime of Difference—Update. Rail Safety National Law—Rail Safety National Law National Regulations (Fees and Other Measures) Variation Regulations 2020 (2020 No 322), together with an explanatory statement. Smoke and air quality—Development of a strategy—Government response to the resolution of the Assembly of 13 February 2020—Statement, dated 27 August 2020. Workplace Culture within ACT Public Health Services—Independent Review— Final Report—Biannual update on implementation of the recommendations— Statement, dated 27 August 2020. Subordinate legislation (including explanatory statements unless otherwise stated) Legislation Act, pursuant to section 64—
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Cemeteries and Crematoria Act and Financial Management Act—Cemeteries and Crematoria (Governing Board) Appointment 2020 (No 1)—Disallowable Instrument DI2020-226 (LR, 30 July 2020). Electricity Feed-in (Large-scale Renewable Energy Generation) Act— Electricity Feed-in (Large-scale Renewable Energy Generation) FiT Capacity Release Determination 2020 (No 1)—Disallowable Instrument DI2020-250 (LR, 24 August 2020). Electricity Feed-in (Large-scale Renewable Energy Generation) Renewable Energy Source Declaration 2020—Disallowable Instrument DI2020-249 (LR, 24 August 2020). Energy Efficiency (Cost of Living) Improvement Act— Energy Efficiency (Cost of Living) Improvement (Eligible Activities) Determination 2020 (No 2)—Disallowable Instrument DI2020-218 (LR, 27 July 2020). Energy Efficiency (Cost of Living) Improvement (Energy Savings Contribution) Determination 2020 (No 1), including a regulatory impact statement—Disallowable Instrument DI2020-220 (LR, 27 July 2020). Energy Efficiency (Cost of Living) Improvement (Energy Savings Target) Determination 2020 (No 1), including a regulatory impact statement.— Disallowable Instrument DI2020-219 (LR, 27 July 2020). Energy Efficiency (Cost of Living) Improvement (Penalties for Noncompliance) Determination 2020 (No 1), including a regulatory impact statement.—Disallowable Instrument DI2020-221 (LR, 27 July 2020). Energy Efficiency (Cost of Living) Improvement (Priority Household Target) Determination 2020, including a regulatory impact statement—Disallowable Instrument DI2020-222 (LR, 27 July 2020). Gaming Machine Act—Gaming Machine (Emergency Community Purpose Contribution—Local Live Performance Industry) Declaration 2020— Disallowable Instrument DI2020-252 (LR, 26 August 2020). Long Service Leave (Portable Schemes) Act—Long Service Leave (Portable Schemes) Interest Rate Guidelines 2020—Disallowable Instrument DI2020- 217 (LR, 23 July 2020). Official Visitor Act—Official Visitor (Disability Services) Appointment 2020 (No 2)—Disallowable Instrument DI2020-223 (LR, 27 July 2020). Planning and Development Act— Planning and Development (Lease Variation Charge Deferred Payment Scheme) Determination 2020—Disallowable Instrument DI2020-225 (LR, 30 July 2020). Planning and Development (Remission of Lease Variation Charges— Construction Sector Recovery) Determination 2020—Disallowable Instrument DI2020-224 (LR, 30 July 2020).
Air quality
MR GENTLEMAN (Brindabella—Manager of Government Business, Minister for Advanced Technology and Space Industries, Minister for the Environment and
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Heritage, Minister for Planning and Land Management, Minister for Police and Emergency Services and Minister for Urban Renewal) (2.44): Pursuant to standing order 211, I move:
That the Assembly take note of the following paper: Smoke and air quality—Development of strategy—Government response to the resolution of the Assembly of 13 February 2020, dated 27 August 2020.
MR RATTENBURY (Kurrajong) (2.44): This is a response to a motion that I moved earlier in the year after we experienced a period of unprecedented bushfire smoke across the summer. It highlighted many challenges that our city faced. At the time of moving the motion, I spoke about that in some detail, and I do not intend to repeat it today.
As this report back to the Assembly notes, due to a number of factors, there has been a delay in the progress on that work. That has been as a result of the health department being heavily involved in the COVID response, as well as the response to the royal commission into bushfires. In light of that, I think that the response we are seeing today is quite reasonable, but it does highlight the fact that the Tenth Assembly will need to come back to this issue. We can expect these sorts of problems to arise again in the future.
I spoke earlier today about the scenarios that we see for future bushfire emergencies, and the predictions from the group of 33 eminent former emergency services officers about the challenges Australia faces, going forward. It is important that we continue to prepare ourselves for future circumstances where we might see the repeat of smoke events that, unfortunately, we saw over the summer.
Question resolved in the affirmative.
Supplementary answers to questions without notice Canberra Health Services—staff wages
MS STEPHEN-SMITH: In response to a question from Mrs Dunne in relation to systematic underpayment of staff in Canberra Health Services from 2018, I am advised by Canberra Health Services that no-one in the human resources team is aware of anything systemic or systematic from 2018.
Land—valuations
MR GENTLEMAN: Further to the answer by the Minister for Housing and Suburban Development regarding valuations, I can confirm that the requirement that land be sold at market value is found in section 246 of the Planning and Development Act 2007.
Economic and fiscal update Ministerial statement
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry
2245 27 August 2020 Legislative Assembly for the ACT and Investment) (2.47): The economic and fiscal update and jobs and economic recovery package that I announce today are structured with two goals in mind: to protect and create local jobs and ensure Canberra recovers from this once-in-a-century economic downturn.
I thank Canberrans for their strength and community spirit through these exceptionally difficult times. We have truly been stronger together. By working together, we have reduced the risk of the coronavirus spreading in our community, avoiding the terrible repercussions we have seen around the world and in states and territories closer to home.
We have changed the way that we work and live. Our public health response has, and always will, take precedence in how the ACT government continues to support the community. It is our effective health response to the pandemic that gives every employer and employee confidence in our steps toward economic recovery. Now we need to display resilience and agility in how we rebuild our economy to restore growth and to protect jobs.
The government’s initial economic survival measures have helped the territory manage the first stages of the pandemic and have kept many in work. We have bolstered our health system and stepped in to provide hundreds of millions of dollars of direct financial support to households and local businesses. However, the next stage of economic recovery has to go further, it has to be bigger. We have determined to align our fiscal policy—that is, the territory budget—with the monetary policy settings of the Reserve Bank of Australia—that is, record low interest rates.
These two policy settings combined will boost aggregate demand in our economy and create jobs. Our plan demonstrates how the government will drive a strong economic recovery over the next five years and sets an ambitious target for the territory of having over 250,000 people in work by 2025. We do so because we understand that stable, secure employment means more than affording the groceries and being able to pay the rent or mortgage. It provides meaning, structure, connection and opportunity in people’s lives. So our job, as a Labor government, is to protect local jobs.
Last week the Reserve Bank Governor called on all states and territories to collectively invest another $40 billion over the next two years in the infrastructure and jobs essential for our national recovery. For the ACT, that would amount to around $800 million of additional infrastructure and business investment. Today, through this update and the plan that I have released, the government is announcing that we will exceed this expectation and maintain that level of funding into the middle of the decade through a $4.9 billion jobs and economic recovery package. This pandemic is not over and we understand that. In these uncertain times, the government is delivering the right plan to support our economic recovery and protect local jobs.
Through record low interest rates, monetary policy has played an important role at the national level to support the economy. The Reserve Bank Governor, Philip Lowe, has been clear that this approach will continue for many years into the future. Governor Lowe has indicated very clearly that the Reserve Bank will do what it takes with its policy instruments to support the journey back to full employment.
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Complementing this is expansionary fiscal policy that will accelerate the recovery of the territory and national economies. This is a change to how fiscal policy has operated in Australia over recent decades. This requirement to exercise expansionary fiscal policy represents a new phase of economic management in our country. In this context, we are acting on the principles that by investing today to support the economy, we are avoiding an even bigger loss of economic output and jobs that would damage our economy and community for years to come, which would put a larger ongoing strain on the territory’s budget.
The territory’s public finances are in strong shape and public debt here is much lower than in most other states and territories and considerably lower than at the commonwealth level. Overall, the territory balance sheet is also in a strong position after decades of good economic performance. The ACT government’s financing costs have never been lower, with interest rates being the lowest since the Australian colonies federated to form this nation.
The message from the Reserve Bank is clear and the right thing to do now is to use our borrowing capacity to help people during this once-in-a-century crisis, to keep them in jobs and boost public investment at a time when private investment is very weak. Interest rates are the lowest since federation, which will allow all states and territories to use our balance sheets to build sustainable, productivity-improving and growth-enabling infrastructure to prepare our communities for the future.
Through this plan we are sending a very clear message. Our decision to invest in Canberra will give businesses the confidence to invest and keep employees working. The role of every government in Australia at every level of government will be to drive aggregate demand through increased expenditure. It requires us to be bold and it requires us to take on more risk. Locally, we will continue to create and shape markets to encourage job creation in emerging industries.
In June I presented to the Assembly the ACT economic response to COVID-19, noting that at this time I would have generally presented the budget and the appropriation bills for this fiscal year. So 2020 has not been the year that any of us expected—we have endured extreme bushfires, a catastrophic hailstorm and we are still facing the very real threat from the COVID-19 global pandemic.
Through the government’s rapid steps and the community’s actions to keep each other safe, we have so far managed to avoid the overwhelmed health and aged-care systems that we have seen in many other parts the world. This has meant that at this early stage of the pandemic our community has handled things well and our economic recovery has been stronger than in other jurisdictions.
In Australia and across the globe there continues to be a deterioration in economic circumstances and associated impacts on consumer confidence and on the public finances of all governments around the world; but what is clear is the absolute correlation between the quality of the health response and the impact on the jurisdiction’s economy.
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Throughout this period the ACT government has maintained its commitment to ensuring transparency and accountability by providing financial information and regularly reporting on the measures we have taken. So today we are the first government in Australia to release forward estimates forecasts across the entirety of a four-year forward estimates period. I note, though, that forecasting is a difficult task at the best of times but particularly in the current environment. What we have done is to show the long-term impacts of COVID-19 on the territory economy and budget based on the information that we have available to us at this time.
The economic and fiscal update details the territory’s current economic and fiscal environment and forecast projections through to 2023-24 and includes the policy decisions made by government to implement critical economic survival and recovery measures. It also outlines our support for local businesses, families and the community during the pandemic and details the territory’s 2020-21 infrastructure investment program and indicative land release program.
The magnitude of the current fiscal shock is easily the most significant faced in the territory’s history. These are a set of forecasts that will be repeated around the nation and around the world as all governments face rapid writedowns in revenue and increased expenditure to support their communities. For 2020-21 the headline net operating balance is forecast to be in deficit at $909.6 million. Across the forward estimates the government is projecting reduced deficits of $670.2 million in 2021-22, $452 million in 2022-23 and $399.8 million in 2023-24.
These are not the eye-watering numbers that we have seen in other jurisdictions, but they reflect significant reductions in GST revenue, primarily due to a reduced GST pool. They also reflect further reductions in the territory’s own-source taxation revenue resulting from the downturn in overall economic activity and they reflect the significant impacts on expenditure to support the COVID response, including the government’s economic survival package.
Over the comparable period from when we issued the 2019-20 budget review in February, total GST revenue for the territory is forecast to decline by nearly $1 billion—$974 million to be precise—while our own-source taxation revenue is expected to decline by $563.9 million over four years as a result of the public health and economic measures implemented by governments to address the pandemic.
Our economic outlook shows that, under the baseline scenario, the ACT’s gross state product is expected to slow to 1.5 per cent in the 2019-20 fiscal year, and economic activity measured by state final demand is expected to have fallen by around six per cent in the June quarter 2020.
Importantly, however, the ACT entered this global public health economic crisis with a very strong local economy. We had the lowest unemployment rate in the nation, at just 2.9 per cent in February of this year, and the territory has significant fiscal capacity to respond to the crisis. The impact of restrictions in the ACT has been less severe than what has been experienced nationally.
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So it is from this strong foundation that we drive the ACT’s economic recovery. So today I am releasing our $4.9 billion ACT jobs and economic recovery plan. To maximise immediate employment benefits, it includes an infrastructure investment program that is varied in financial size and in the nature of the work and projects. The plan prioritises building health, education, public transport, public housing, sustainable energy and urban renewal projects for the long-term benefit of Canberrans.
We will invest more than $1 billion in transport and active travel projects, including over $300 million in the forward estimates extending light rail; more than $900 million on health-care infrastructure, including the $624 million Canberra Hospital expansion; more than $400 million to build and upgrade our public schools; and between $250 million and $300 million in building the new CIT Woden and Woden public transport interchange.
The package also includes an additional investment of $61 million, topping up our public housing renewal program to over $1 billion over 10 years. We are now halfway through the delivery of that most significant public housing renewal program in the territory’s self-governing history. We are supporting local jobs and confidence in the construction sector, with a clear pipeline of work over the next decade.
The plan also includes more immediate support to businesses and Canberra households. Having already injected $159 million in 2019-20 in the initial economic survival measures to protect jobs and support businesses and households, we will invest a further $724 million to support and create more jobs and continue to deliver essential services. This includes a $200 million investment into our health system so that it is ready for whatever the pandemic brings and whatever lies ahead for public health.
We are providing $108 million in fee relief for households and the community and another $65 million in fee relief for businesses, in addition to the $40 million that was provided in the last quarter of 2019-20. Some $23 million is being allocated to community support programs, additional mental health services and food relief. The government is stepping in to protect jobs in our local community sector when commonwealth payments for the equal remuneration order end in November of 2021.
We are setting an ambitious target for jobs because it is essential for all Canberrans to know that our focus is on protecting their jobs and creating new jobs as our city grows and recovers. Our policies and investments will support over 250,000 people being employed by 2025.
While public investment at this time is absolutely critical, maintaining confidence in non-government sectors is equally important to Canberra’s future, and the plan outlines how the government intends to support employment growth in a wide variety of industry sectors from tertiary education, renewable energy, innovation and the arts to defence, space, national security and cyber industries.
Before the pandemic and the associated global economic crisis, we had reached a record level of employment in the territory—238,300 Canberrans were employed. In
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April and May 2020 the pandemic swept away 10,500 jobs in our city, taking total employment to around 227,800. By July the recovery was underway and total employment had increased again above 230,000 jobs to 233,400.
While the ACT economy has shown resilience and performed better than most other jurisdictions across Australia, almost all industries in the territory have been negatively affected by the pandemic to some degree. Our plan will keep Canberrans employed in the industries that are most affected by the pandemic; for example, hospitality. It invests in creating more jobs for these sectors by addressing skills shortages, and focusing on youth employment measures.
We will also establish a Canberra economic recovery advisory group. Priorities for the group will be to identify areas of regulatory reform that will stimulate economic activity and provide advice on how the ACT government can continue to protect and create local jobs. The group will be made up of economists, public policy professionals and representatives from industry groups, unions, community sector partners and small business representatives.
We will support businesses to start and grow, through better regulation and easy interactions with government through Access Canberra. We will continue our significant investment in skills development and education. We will engage with industries that will create secure jobs in the future whilst maintaining high employment standards and protecting workers’ rights.
Today I am also releasing four separate reports following a review into our tax reform program to date—a program that other jurisdictions around the country, particularly New South Wales and Victoria, are now considering. The key findings of the review are that under a scenario where tax reform did not occur, there would have been a lower level of economic activity in the ACT, a lower level of employment, lower investment and lower consumption. If we had not undertaken tax reform, our economy, investment levels and employment rate would have been in worse shape. So these reforms have delivered economic benefits for our community.
Through the reforms we have been able to abolish insurance duty, saving Canberrans hundreds of dollars a year. We have been able to reduce stamp duty so significantly that more low income and lower wealth households now own their own home. Our stamp duty concessions for pensioners and first homebuyers further support increased property activity by removing one of the most significant barriers to home ownership.
The reforms have been independently confirmed as revenue neutral. In fact, the government has collected slightly less tax than if it had left the system as it was. The tax reform program has provided greater certainty to the ACT budget in a time of crisis, and while the impacts are still severe, they would have been far worse had a greater percentage of our own-source revenue still relied on inefficient and volatile taxes like stamp duty and insurance duty. We need only look at New South Wales and Victoria to see what damage an historic over-reliance on stamp duty can do to a state budget.
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Today I also announce that in order to provide certainty for business and households, we will bring stage 3 of tax reform forward by one year to commence in 2021-22 and set average general rates increases for households and over 90 per cent of commercial properties in the territory at 3.75 per cent.
This follows from the government’s decision to set average rates at zero for the current fiscal year 2020-21, which, along with our $150 pandemic rates rebate to every household delivered in this quarter, means that around 110,000 households will see an actual rates reduction this year.
We will continue to reduce stamp duty in every budget. The next round of reductions will be targeted at affordable owner-occupier purchases and at stimulating affordable housing construction by reducing stamp duty on lower value land, off-the-plan units and lower value properties.
This economic and fiscal update, and the economic recovery and jobs plan that I release today, demonstrate the government’s determination to protect Canberra jobs as we recover from the pandemic. We have a long way to go, but this is another essential step as Canberra emerges from this once-in-a-century public health and economic shock stronger and more together as a community. I commend the plan and update to the Assembly.
I present the following papers:
ACT Jobs and Economic Recovery Plan. Economic and Fiscal Update— August 2020. Ministerial statement, 27 August 2020. Financial Management Act—Supply Instrument and Authorisation of Payments—Explanatory Notes—2020-2021, dated 24 August 2020, made pursuant to sections 7 and 37.
I move:
That the Assembly take note of the ministerial statement.
MR COE (Yerrabi—Leader of the Opposition) (3.09): We have just witnessed a blatant re-announcement of projects already committed to but not delivered by Labor. It is a re-announcement dressed up as vision. Worse, there are some things, like the Canberra Hospital upgrade, that have been on the cards for a decade and still will not be delivered for years to come, if at all, under ACT Labor. In the 10 years since he became Treasurer, Mr Barr’s economic management has taken the ACT from $473 million in the black to a projected $4 billion in the red; and all this before COVID hit.
The ACT should have been in a very strong position to weather an economic storm. Every year this Labor-Greens government takes more and more from Canberrans
2251 27 August 2020 Legislative Assembly for the ACT from staggeringly high increases to rates. Every year Canberrans are shocked to receive astronomical rates bills. At the very least, you would think that just some of this money would have been put away for a rainy day to help Canberrans when they need it most. That is what responsible economic management would look like.
For all the government’s re-announcements today, you simply need to look at their record. What is this Chief Minister’s legacy? Rates that have tripled; rents and cost of living amongst the highest in Australia; health and hospital waiting times the longest in the country; education outcomes going backwards; hundreds of bus stops closed, and school buses abolished; and Canberra is unfortunately the worst place in the country to do business. After 19 years of hard Labor we have been left with higher taxes and declining services.
But in just 50 days Canberrans will make an important decision about the future of this city, and this election is close. My Liberal team and I are out every single day showing Canberrans that there is a better way because we want to make Canberra the best place to live, work and raise a family. What motivates me and what motivates my team is making Canberra more affordable for everyone, it is taking the pressure off Canberra families, it is maintaining the bush capital, it is making sure that people can afford to buy a house in the city that they grew up in, it is making sure people can actually afford to rent a house.
Canberrans care about these things, and that is what my team and I are committed to delivering for this great city. We are committed to providing Canberrans with a world-class health system. We are committed to ensuring that our kids finish year 12 with a high standard of numeracy and literacy. We are committed to backing up our teachers. We are committed to supporting families when they are doing it tough. We are committed to supporting the nurses, doctors, and other staff who do a wonderful job, and we support our public servants and the great people in our private sector.
We are proud of our commitment to freeze rates for four years so that families can get ahead. We are proud of our commitment to plant and care for a million trees over the next decade. We are proud of our commitment to protect greenspace right across the city, including places like West Basin and the Curtin horse paddocks. We are committed to bolstering school maintenance so the kids in our schools have the infrastructure they deserve, regardless of whether it is an old or a new building. We are committed to making this the best place to do business for every single Canberran.
Canberra is a great place and we are determined to do everything that we can to make it even better. Only a Canberra Liberals government will deliver lower taxes and better services so that everyone can get ahead.
Question resolved in the affirmative.
Residential Tenancies Amendment Bill 2020 Rescission and reconsideration
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister
2252 Legislative Assembly for the ACT 27 August 2020 for Business and Regulatory Services and Minister for Seniors and Veterans) (3.14): I seek leave to move a motion to reconsider the Residential Tenancies Amendment Bill 2020 to correct an omission.
Leave granted.
MR RAMSAY: I move:
That, in relation to the Residential Tenancies Amendment Bill 2020, the Assembly: (1) rescind the resolution agreeing to the question that the Bill, as amended, be agreed to; and (2) recommit the Bill at the detail stage.
Question resolved in the affirmative.
Detail stage
Proposed new clause 38A.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (3.14): I move amendment No 19, set A, circulated in my name, which inserts a new clause 38A [see schedule 2 at page 2324].
Amendment agreed to.
Proposed new clause 38A agreed to.
Bill, as amended, agreed to.
Sexuality and Gender Identity Conversion Practices Bill 2020
Debate resumed.
MR RATTENBURY (Kurrajong—Minister for Climate Change and Sustainability, Minister for Corrections and Justice Health, Minister for Justice, Consumer Affairs and Road Safety and Minister for Mental Health) (3.15), in reply: I will close the debate ahead of the Chief Minister speaking. By prohibiting conversion practices in our community, this government is sending a clear message of support for and solidarity with gay, lesbian, bisexual, transgender and gender diverse people in our Canberra community.
Today, more than ever after the hurtful and damaging vitriol from a small but loud crowd, I say to the LGBTIQ community, “We recognise you, we support you and we value you for who you are and for what you contribute to our vibrant city.” There is nothing—nothing about your sexuality or gender identity—that is broken or needs to be changed.
2253 27 August 2020 Legislative Assembly for the ACT
One of the strongest responses that we heard after introducing this bill was surprise and disbelief that such practices were not already outlawed here in the ACT. We know that practices that purport to change sexuality and gender identity do not work and that they do so much harm.
Many survivors of these practices have struggled to overcome the legacy of these failed attempts to, so called, cure them. They have to fight to overcome the damage in self-hatred that these practices instil and to develop real and meaningful intimate relationships. Conversion practices are harmful and have no place in our inclusive and accepting community.
It is clear that the tide is turning on these outdated practices and we are proud to be at the forefront of these reforms. Queensland has also just passed laws prohibiting conversion practices in the context of health services. This was an important step. I am proud to say that our laws go further and address the broader context in which these practices can occur. That does not, however, mean to say that we do not believe that further work can and should occur for us in the ACT beyond today’s passage of this important bill.
Survivors have told us that it is less common these days that conversion practices occur in the context of professional health services. Most professional registration bodies recognise the harm that these practices cause, and it would be a violation of many professional standards to claim to be able to change someone’s sexuality or gender identity. These practices can easily occur in less formal contexts outside mainstream health services, and that is why our laws are not limited to regulating conversion practices in those services.
In considering how to best address conversion practices, we looked at models elsewhere. We took advice from survivors about their experiences and about where these practices are occurring. We were also very conscious to ensure that our laws would not unreasonably limit religious freedom, which is protected under our ACT Human Rights Act, or impinge on the ability for our community to access legitimate health services that support individuals with issues relating to their sexuality and gender. That is why the government will be proposing amendments to the bill to explicitly note that this legislation does not impinge on existing rights to religious belief.
One of the ways that we can make sure that our laws are sensible and targeted is by focusing on practices that try actively to change sexuality or gender identity rather than a broader scope of practices or teachings that might relate to how an individual expresses their sexuality or identity, particularly in a religious context. As the Chief Minister has reported to the scrutiny committee, the definition of conversion practices is intended to cover practices that actively seek to change the sexuality or gender identity of a person. It is not intended that mere expression of religious tenets or beliefs relating to sexuality or gender identity would constitute a conversion practice, nor would failing to provide support to a person, although we recognise the harm that may arise from this if the support is to suppress or deny sexuality or gender identity.
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This means that the laws will not prevent religious leaders and schools teaching the tenets of their faith or providing pastoral care to people who are gay or lesbian or gender diverse and talking with them about religious teachings. The ability to share and discuss religious teachings and counsel is an important aspect of religious freedom. However, this does not extend to harmful practices based on false and misleading promises that purport to be able to change a person’s sexuality or gender identity.
In grappling with these difficult issues, we have adopted a nuanced scheme that offers different pathways to address harmful practices. Firstly, we have criminalised conversion practices conducted on children under 18 and other protected people who have impaired decision-making ability. These groups are particularly vulnerable and may have no choice or control over practices that they are being subjected to. We want to make sure that every young person in Canberra grows up to be proud of who they are and free from practices that would shame and harm them. We need the strongest level of protection for our most vulnerable people. The criminal law will also apply to people taking a child or protected person outside the ACT for the purposes of conversion practices, to prevent our laws being circumvented.
Many advocates have told the government that they want avenues to have these issues investigated and stopped but do not necessarily want to go through a criminal prosecution. We have listened to that feedback as well and we have provided an accessible forum for complaints about conversion practices. Any adult or child who has been subject to a conversion practice or harmed by such a practice will be able to make a complaint to the ACT Human Rights Commission.
The commission already has considerable expertise in discrimination matters and understands the issues faced by the LGBTIQ community. The commission can consider and investigate allegations of conversion practices and can provide a forum for conciliation where the complainant can have their concerns heard and a resolution can be sought. In those situations where a complaint cannot be resolved by the commission, a complaint can be referred to the ACT Civil and Administrative Tribunal, which can make a binding determination and make orders appropriate in the individual case, including compensation and orders for the practice to be ceased. The Human Rights Commission can also initiate its own complaint process and investigate systemic issues, if these are occurring in our community.
These measures have been carefully considered to take account of the complexities of these situations and to provide ways to prevent harmful practices without unduly limiting religious freedom or legitimate services. I particularly note that, given some of the public commentary we have seen, it is important to recognise that, whilst there is the potential for criminal matters, in this case it is not the starting point, except potentially in the most egregious of cases. I think that it is important to reflect that there are a range of pathways here. While a lot of the commentary has focused on certain aspects of this legislation, I encourage people who are concerned about the detail to look at the full spectrum of the legislation and the care that has gone into drafting it and the way that the government has discussed it in introducing it in this place.
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Let me again make it very clear that this government will always stand with our LGBTIQ community. This legislation is about prevention of harm. We see you and we support you and we will continue to fight inequality and prejudice against you wherever it occurs. A city where everyone is respected and valued, free from discrimination, means that we can all make the most of our potential and contribute to a thriving community. Equality benefits us all. I commend the bill to the Assembly.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (3.23), in reply: I would like to thank all those who have spoken in the debate on the principle stage of this legislation. The quality of the debate and the tone in which it has been conducted is a credit to this Assembly. It is a reflection of just how far this Assembly has come on these issues of sexuality and gender matters that this debate has been, to date, free of inflammatory language and wild, inaccurate assertions. It has not always been the case when these matters have been debated in this place in the past, so I think that it is important to acknowledge that this afternoon.
The origins of this legislation date back many years. A former Minister for Health, Meegan Fitzharris, indicated in 2018 that the government would be pursuing legislation in this area, and I reinforced that last year when I made it very clear that by the end of 2020, the government would legislate in this area.
The lead-up to this bill has seen significant engagement with survivors and with the broader community, and there has been detailed engagement with faith leaders and religious school leaders. This has been stepped up in recent times since the legislation was introduced to the Assembly, and my office has engaged again with survivors and a wide variety of faith leaders and religious school leaders. Those meetings have taken place both face to face and in a virtual context, as the times demand. There has been a range of views expressed to the government on the bill. Those views have been listened to by the government and analysed. As Minister Rattenbury alluded to, I will move some amendments in the detail stage that address some concerns that have been raised about what this bill does, but, perhaps, more importantly to be very clear about what the bill does not do.
Some of the more inflammatory examples that have been raised with me and my office do not originate in organisations within the territory. We have witnessed some very misguided advertising campaigns by organisations from outside the ACT, which are seeking to influence this debate and, it would seem, seeking to influence the territory election. They are individuals and organisations with quite easily accessible pasts. Just google them and you will get a very clear understanding of where they come from, the sorts of views that they hold and just how out of touch those views are with the values of this community. That will be what it will be, though.
I need to be clear that we will address and respond to valid concerns, but we are not going to spend the coming weeks and months responding to outrageous, over-the-top and hysterical claims made by organisations who have no connection to the Australian Capital Territory. So let me be very clear on one thing—one claim that has been put forward: this bill does not legally permit under 18-year-olds to pursue radical means
2256 Legislative Assembly for the ACT 27 August 2020 of gender transitioning, free from parental control. That claim is wrong, it is abject nonsense, and it does no credit to the individual who has put that forward. This bill does not create any new rights for anyone, nor does it restrict other human rights such as freedom of religion. Of course, parents and teachers can lovingly talk with their children, and children in their care, about the full range of issues that come with growing up and discovering who you are as a person.
This bill bans incredibly harmful practices that seek to change a person’s sexuality or gender identity. I am pleased that all who have spoken in this debate support that principle. That is an advance on where this territory and this country has been in my lifetime. I will repeat that: it is an advance on where this territory and this country has been in my lifetime. Even in debates in this place, this century, those issues have been contested.
As we have heard, the bill is very specific in what it seeks to achieve. It does not override or criminalise the preferences of parents—preferences they have to raise their children in whatever religious faith they choose. It does not seek to mandate that parents must be nothing but accepting of their child’s stated sexuality or gender identity. These are matters for parents and their children. No piece of legislation can mandate parental acceptance of a child. No piece of legislation can do that; only common decency would suggest that parents do not disown their children because of their sexuality or gender identity. Sadly, in the history of this city and in this nation, there are too many tragic stories where that has occurred, but there is nothing we can do in legislation that will prevent that from happening. Fortunately, because societal attitudes have changed, that is increasingly rare, and that is a great thing. That that has occurred only because people have pushed for reform.
In this place, that started nearly two decades ago with Jon Stanhope’s government. We have been bitterly opposed along the way but we arrive in 2020 in a much better position. That the Leader of the Opposition in this place can get up and support this in principle is a great step forward, and I am delighted to hear it. We are going to disagree on some elements of detail but the principle that we are agreeing on today is a powerful one and it is a powerful message to send to the community.
Feedback from survivors of conversion practices will have a key role in the implementation of this legislation. I want to put clearly on the public record that the views of those who have bravely come forward have been so valuable in this process. I pay tribute to the Brave Network of survivors for sharing their experiences and their expertise with the government. I encourage others to engage with Brave Network to educate themselves on the forms that these practices take and why the approach in this legislation will go some way towards addressing the terrible harm, grief, anxiety and destruction of lives that has been caused by these practices.
The aim of the bill is very clear. It targets practices that are abhorrent, that are outright quackery and that belong in the distant past. They should never have happened and should never have been part of any modern society. I refer to practices that are aimed at changing, fixing or curing someone—however you characterise it—to change someone’s sexuality or gender identity. It is coercive behaviour that is abhorrent. These are very specific practices. Fortunately, now they are very rare, but they do still
2257 27 August 2020 Legislative Assembly for the ACT occur, and they have occurred in our community. So it is time for us to take this important action today to ban these harmful practices and to send the strongest possible social message to protect vulnerable Canberrans and to promote inclusion across our community. These practices are child abuse. Child abuse is criminalised.
The Attorney-General, in his most eloquent, powerful and passionate speech before the lunch break was absolutely spot on and I commend him for his courage and for his support of this legislation. I have to say, Minister Ramsay, being in tears listening to your speech before I did a press conference on the budget was a difficult thing, but so powerful were your words and it was so important that you said them in this place. So let me be clear, the government will not be supporting any further delays. The government will not be supporting any proposals to punt this off to a committee in some future parliament. It is time to be clear about where we stand on these issues.
The opposition needs to be clear about backing up its in-principle statement, and not send two messages. Let me assure the opposition that every single one of their private emails that are sent out to these groups gets shared with us. We have seen them all, and most of them find their way into the paper anyway, before they get to us. All the people the opposition has been sending these double messages to have been sharing them. They have become very public, and everyone knows. Every meeting you go to that you think is private—just ask Marcus Bastiaan—someone will be recording it, and it will be shared. So there should be no more double messages. Opposition members should stand by the very clear principles that they have set out today, and which I have commended them for. They should not try to run different arguments with different groups, and they should not present themselves publicly in one way and then privately run campaigns, as has been going on. We have been seeing them; the media has been seeing them. Everyone knows what is going on. Stand by the principle. I commend this bill to the Assembly.
Question agreed to.
Bill agreed to in principle
Detail stage
Clauses 1 to 6, by leave, taken together.
MR COE (Yerrabi—Leader of the Opposition) (3.36): I seek leave to refer this bill to the incoming Chief Minister of the Tenth Assembly for referral to an appropriate committee of that Tenth Assembly for inquiry and report.
Leave granted.
MR COE: I move the motion circulated in my name:
That this Assembly refers the bill to the incoming Chief Minister of the 10th Assembly for referral to an appropriate committee of the 10th Assembly for inquiry and report.
I think that this is a prudent way forward. It is also a way of addressing some of the concerns raised by the Law Society and others, and I think it is possible that this can
2258 Legislative Assembly for the ACT 27 August 2020 be achieved before the implementation date which is stated in this very legislation. The legislation kicks in in six months’ time. Therefore, I think that there is plenty of time to undertake such an inquiry and to do so without any delay for the principle of banning harmful conversion practices.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (3.38): As I indicated in my closing remarks and the in-principle stage, the government will not be supporting any referrals to committees.
MR RATTENBURY (Kurrajong—Minister for Climate Change and Sustainability, Minister for Corrections and Justice Health, Minister for Justice, Consumer Affairs and Road Safety and Minister for Mental Health) (3.38): The Greens will not be supporting this proposal for referral to committee, either.
Question resolved in the negative.
Clauses 1 to 6 agreed to.
Proposed new clause 6A.
MR COE (Yerrabi—Leader of the Opposition) (3.38): I seek leave to move amendments to this bill that have not been considered by the scrutiny committee or circulated in accordance with standing order 178A.
Leave granted.
MR COE: I move amendment No 1 circulated in my name, which inserts a new clause 6A [see schedule 4 at page 2328]. Because of the haste in which this has been introduced and debated, it was not possible for these amendments to go through to the scrutiny committee. The amendments I move today are about supporting families and teachers in their support of kids and vulnerable Canberrans. I seek to put in the legislation Mr Rattenbury’s comment in his speech that this act will not affect the ability of religious organisations or schools to teach the tenets of their faith. Given that Mr Rattenbury said this in his speech, I hope that he has got no objection to including this in the legislation.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (3.39): This amendment seeks to introduce a further object into the act. The government will not support doing this in this way. Rather than put a substantive clause into the bill, the amendment that I will move shortly will specifically state the bill’s intent that a mere expression of religious tenet or belief would not constitute a sexuality or gender identity conversion practice. This is very clear in the amendment that I move, and it is the government’s preference to support this way of achieving the same objective.
MR RATTENBURY (Kurrajong—Minister for Climate Change and Sustainability, Minister for Corrections and Justice Health, Minister for Justice, Consumer Affairs
2259 27 August 2020 Legislative Assembly for the ACT and Road Safety and Minister for Mental Health) (3.40): The Greens support the approach that the Chief Minister has outlined. We believe that is the better way to proceed with it. There has been quite some discussion with a range of organisations over recent weeks since the bill has been tabled, and there has been advice from the lawyers within the government about the best way to proceed on this. We believe the pathway proposed by the Chief Minister is a better path.
I note that the amendments from the Canberra Liberals were circulated shortly before midday today, and so there has been limited opportunity to consider those. I think that Mr Coe has made a comment that this has been rushed through, but given that the bill has been tabled for at least two weeks, I am surprised at the lateness with which these proposed amendments arrived at the Assembly.
MR COE (Yerrabi—Leader of the Opposition) (3.41): Firstly, in response to Mr Rattenbury, given the government circulated an amendment only yesterday, it is a bit rich to have a go at us for the late circulation of amendments. We disagree with the government’s approach. I am concerned that it is not going to have the same effect as it would inserting what Mr Rattenbury said in his speech in the legislation.
Amendment negatived.
Clause 7.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (3.42): I seek leave to move amendments to this bill that have not been considered by the scrutiny committee.
Leave granted.
MR BARR: I move amendment No 1 circulated in my name [see schedule 5 at page 2329] and table a supplementary explanatory statement. This amendment introduces a new example under section 7 exemptions on the definition of sexuality and gender identity conversion, and it inserts a further note under the same section. The note references the right of every Canberran to freely exercise and express their religious beliefs, as is guaranteed under the territory’s Human Rights Act. The note also highlights that it is not intended that mere expressions of religious tenets or beliefs relating to sexuality or gender identity would constitute a conversion practice; nor would failing to provide support to a person.
The definition of conversion practices is intended to cover practices that actively seek to change the sexuality or gender identity of a person, and instances where someone purports to change the sexuality or gender identity of a person. It is not intended that mere expressions of religious beliefs or tenets relating to sexuality or gender identity would constitute a conversion practice, and nor would failing to provide support to a person.
Many stakeholders have requested a specific exemption in the bill for religious teaching and guidance. The government does not believe that the definition as drafted
2260 Legislative Assembly for the ACT 27 August 2020 captures religious teaching or guidance on matters of sexuality and gender identity. It is therefore difficult to create an exemption for a practice that is not covered by the definition originally. This creates the risk of inference by someone interpreting the legislation that it is intended to capture practices adjacent to the specific exemption.
We believe that the inclusion of the note is more helpful in aiding the reader of the bill, to highlight that the bill is to be interpreted in light of the territory’s Human Rights Act, and to clarify that the bill is not intended to interfere with religious teachings more broadly or to prevent religious schools from teaching the tenets of their faith, including teachings on sexuality or gender identity.
I note that there may be some religious groups who feel that this amendment does not go far enough to address their concerns. However, as I have indicated throughout the process, we are not going to water down protections for vulnerable LGBTIQ Canberrans to address concerns that are, in fact, not issues under this legislation.
I commend my amendment to the Assembly.
Amendment agreed to.
MR COE (Yerrabi—Leader of the Opposition) (3.46), by leave: I move amendments Nos 2 to 4 circulated in my name together [see schedule 4 at page 2328]. As I have already said, the amendments I move today are about supporting families and teachers to support kids and vulnerable Canberrans. Families need support, not sanctions. Conversations around the dinner table or the professional judgement of licensed teachers in the ACT should not be criminalised. We need to be encouraging kids and vulnerable people to have conversations, not shutting them down.
If the government claims that parents and teachers are not being targeted by this legislation, then they should accept these very reasonable amendments. We very much urge all Labor and Greens members to support this amendment in support of teachers and parents to support kids who are going through challenging times.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (3.47): In discussions on this bill with various religious groups in the ACT, there have been genuine questions asked that touch upon some of the issues that Mr Coe’s amendments seek to address. Many of the people we have spoken with understand the government’s view that the general conversations between a parent or guardian and child or a teacher and student about sexuality and gender identity are not conversion practices.
Most, by looking at the legislation and actually reading it themselves and having that conversation, clearly understand that. Indeed, already in the bill there are several exemptions where a person is offering acceptance, support or understanding, or facilitating a person’s coping skills, social support, identity exploration and development. They are clear. These exemptions are more appropriate and achieve the same objective, I think, that the Canberra Liberals are attempting to achieve through this amendment.
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The definition of conversion practice is clear. It is a treatment or other practice that purports, or the purported purpose of which is, to change a person’s sexuality or gender identity. It is clear that normal conversations with a child, for example, about their sexuality or gender identity are not captured by this definition.
Once people read the legislation, most reasonable people reach exactly the same conclusion. It is only if you have a particular view, you are determined not to read the legislation and you are determined to have your views informed by a group outside of the ACT that you appear to have difficulty understanding that.
Inserting examples of scenarios that are not captured by the definition anyway will have unintended consequences and effects on the scope of the definition, effects which I am not sure the groups pushing for these amendments would be appreciative of.
The bill has been before this Assembly for the last fortnight. It has been in development and consideration—publicly expressed that it was coming—for years. The definition in the bill does not go near the matters that the Canberra Liberals are seeking to insert into the bill. For the avoidance of any further doubt, the government has inserted very similar language into the supplementary explanatory statement that I tabled a short while ago, to again address any possible misconception. So it is now in the explanatory statement. With the amendments that the Assembly has just supported, that conclusively draws a line under this issue.
So, for these reasons, we do not need to support the amendment Mr Coe put forward. It is covered in the explanatory statement and by the amendment that we have just passed.
Question put:
That the amendments be agreed to.
The Assembly voted—
Ayes 9 Noes 12
Miss C Burch Mr Parton Mr Barr Mr Pettersson Mr Coe Mr Wall Ms J Burch Mr Ramsay Mrs Dunne Ms Cheyne Mr Rattenbury Mr Hanson Ms Cody Mr Steel Mrs Kikkert Mr Gentleman Ms Stephen-Smith Ms Lee Ms Le Couteur Mr Milligan Ms Orr
Amendments negatived.
Clause 7, as amended, agreed to.
Remainder of bill, by leave, taken as a whole.
2262 Legislative Assembly for the ACT 27 August 2020
MR COE (Yerrabi—Leader of the Opposition) (3.55): The Canberra Liberals support banning harmful conversion practices. We want kids and vulnerable Canberrans to be supported. That is why we, in principle, support the intent of the legislation.
There are issues with the specific details of the legislation. This legislation is being rushed through the Assembly in just two weeks. While the Chief Minister says that this has been on the drawing board for a long time, it has only been in the Assembly for two weeks. The first that we saw it in the Assembly was just 14 days ago. The opposition has had no visibility of it prior to this.
As has already been stated, we owe it to all involved to carefully consider all the issues and to get this legislation right. That is why we pushed for a committee inquiry, so that we, as legislators, can hear from experts about the proposed legislation.
Today, the Canberra Liberals introduced reasonable and considered amendments to support parents and teachers in support of kids and vulnerable Canberrans. Parents who love their children do not need sanctions; they need support. Parents know that growing up is difficult. For kids it is difficult. Moving from childhood to adolescence and into adulthood can be confusing and challenging. People need to be on that journey with them. Parents need support in this important responsibility, not the threat of government actions.
I call on Labor and the Greens to support teachers and parents and the children who need the support of their parents.
While I note the comments that Mr Barr has made, they are still at odds with what the Law Society and the Medical Association have said. We cannot support criminalising parents. It is just not right.
Remainder of bill agreed to.
Question put:
That this bill, as amended, be agreed to.
The Assembly voted—
Ayes 12 Noes 9
Mr Barr Mr Pettersson Miss C Burch Mr Parton Ms J Burch Mr Ramsay Mr Coe Mr Wall Ms Cheyne Mr Rattenbury Mrs Dunne Ms Cody Mr Steel Mr Hanson Mr Gentleman Ms Stephen-Smith Mrs Kikkert Ms Le Couteur Ms Lee Ms Orr Mr Milligan
Question resolved in the affirmative.
Bill, as amended, agreed to.
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Visitor
MADAM SPEAKER: I acknowledge the presence in the gallery of Senator Zed Seselja. Welcome back to your old stomping ground, Senator Seselja.
Valedictory
MRS DUNNE (Ginninderra) (4.00), by leave: At the beginning of the Fifth Assembly, in December 2001, I concluded my maiden speech with the following words:
The best way I can thank these people—that is, the people who helped me get to the Legislative Assembly—and the thousands of electors whom I do not know personally yet but who put their faith in me, is by dedicating myself to their service with an unflinching determination that the small part I play in the history of this city and the lives of those who cherish it as their home will be to their ultimate and demonstrable benefit.
Now, almost 19 years on, it will be for others to judge whether I have lived up to those aspirations. Also in that speech I said:
I come into this place with an abiding belief in the primacy of the family in our society, and the pressing need to elevate the idea of family, to make it a prism through which policy can be viewed and evaluated … As long as I am here, I will work to ensure that the family is at the centre, not the periphery, of the political process.
It does complete the circle, in that the principal debate today went to the very heart of the thing that I spoke about that day—that the family should be at the centre of our deliberations, not marginalised, and especially that its members not be threatened with jail for doing their job. Also, one of the last committee reports that I participated in addressed improvements in the way we treat troubled families who confront our care and protection system.
Today, however, is a day for reflection and thanks. I thank the Clerk and all of the Assembly staff whose job it is to make us look good, especially if we follow the script. I also thank the people who pay us and collect our mail, the education office and the Art Advisory Committee. I give a special shout-out to Hansard. I apologise for rarely staying on script. I give a special thankyou to the troop of attendants who have opened doors to us cheerily and greeted me every morning for the best part of 25 years, in an evolving style, as Vicki the staffer became Mrs Dunne, the member, then Madam Speaker, and back to Mrs Dunne; soon they will be able to call me Vicki again.
I thank a whole cohort of committee staff. I want particularly to thank the two committee secretaries that I have worked with most in this Assembly—Dr Andréa Cullen and Dr Brian Lloyd. Their work is an adornment to this place.
I thank my stellar staff, starting with Norm, who helped me to find my feet; and Kate and Olivia, who, with young, fresh minds, reframed the way I communicated with constituents by ensuring that my letters did not sound like the public servant I had been. I thank Lyle, Anthony—one of the FOI legends—Amanda, Mark, Jeremy,
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Belinda, Katie, George, Chris and Tio, who always aimed big. I am proud that for the most part staff stayed for a long time, and in the time that they were with me they were able to develop skills and attributes that took them to better places. Words cannot express the gratitude I have for the service and collaboration of these fine people.
My especial thanks go to my present staff. Maria worked on the corridor for almost 13 years as assistant to two leaders before she was promoted to the Speaker’s office. Keith, the other FOI legend, is a Liberal Party institution, cutting his teeth on the Hare-Clark campaign before coming to work for Kate Carnell a couple of weeks before I began working for Gary Humphries, in the previous century. Assuredly, Madam Assistant Speaker, Keith and I do know where the bodies are buried!
Clinton is also in his second decade on the Liberal corridor and is about to clock up 12 years as my senior adviser. Clinton, who is also retiring at this election, has been a stellar worker for me and the party. Frankly, Madam Assistant Speaker, you get less for murder in the ACT! Clinton is held in high regard, not just in my office but along the Liberal corridor and way beyond, for his compassion, empathy, eye for detail and analytical skills. For an accountant and actuary, he makes a fine drafter and interpreter of legislation. His eye for detail and his insistence on doing things right stood him and me in good stead when we occupied the Speaker’s office, especially as we bedded in innovations like budget protocols and officers of the Assembly. It is true to say that Clinton hardly spoke to me in the days after the 2016 election when I told him that I had asked to be the shadow minister for health. I think that the only thing that stopped him packing his bags on that day was that I said I had also asked for arts. However, he has warmed to the role.
Overall, my three part-time staffers have risen to the occasion and have given subsequent health ministers, their staff and officials a fair run for their money. I have noticed that the current minister has got into the habit of saying things like, “If Mrs Dunne were across her portfolio.” I remind members once again that what she achieves with a myriad of advisers and bureaucrats, whom she has on speed-dial during question time, I do with three part-time staffers and a shared media adviser.
I thank other staff who have not worked directly for me but who have been so influential in all that I have done. I need to point out our small but perfectly formed media team that has included Deb, Emily, Joe, Jodie, Hannah, Adam and Dinah over the years. Over that time our finance gurus have included Daniel, Nick, Juliet and David. I want also to reflect on the fact that, just because they are finance gurus, they are not colourless people. Juliet in particular used to confound people in treasury because such a tiny, diminutive woman was a formidable opponent.
I also remember the controversy over the gas-fired power station. I was thinking about this, and I think there is hardly anyone left except Zed and me who remembers that. We found mention in some papers about another possible site for a gas-fired power station in Parkwood, in my electorate. Daniel, the extremely sartorial finance guru, and I took off to Parkwood with a camera to get some snaps of what turned out to be an empty paddock. It was not easy to get into that empty paddock but we did want the photographs. In the process Daniel, the extremely sartorial finance guru, ripped a
2265 27 August 2020 Legislative Assembly for the ACT perfect three-cornered tear in a very snazzy pair of suit pants. We never did use the pictures but they did seem like a good idea at the time.
There have been some outstanding staff along the way. I want to mention Ian and Steve. They, along with Tio, made a formidable campaigning trio. It is a shame that, because of COVID and other things, we have not got that band back together.
With respect to my Liberal colleagues with whom I have served, as is always the case in politics, we did not always see eye to eye. Once I managed to get myself suspended from the party room, but, as Wayne Berry and I can both attest, being suspended from party room or caucus meetings is not actually a punishment. These disagreements did not lead to ongoing enmity. They were all put behind us a long time ago, and especially after what I have been known to call the “outbreak of love” which still bears fruit today. Whether we were factional allies or we agreed to disagree on social policy, I can say that I have learnt something from all of them. Sometimes it was about tactics or campaigning; at other times it was about how to be compassionate, from Doszy, or it may just have been Pratty’s superior line in argot. I am sure Kate Davis will know of which I speak.
I need to thank the Liberal Party. I know that I am not in this place on the strength of my sparkling personality and my own, individual work. It has been magnified and augmented by the hundreds of volunteers who hand out, raise money and turn up. We, the Liberal members, might be their standard bearers, but we would not get very far without the foot soldiers. To the current president, John Cziesla, and former outstanding presidents Arthur Potter, Peter Collins and Tio Faulkner, and also our senator and my friend Zed Seselja, I thank you for your leadership and commitment.
The people of Ginninderra not once but five times have sent me to this place. I thank them all for their ongoing faith in me. I thank the hundreds of people who over the past few months have contacted me or spoken to me in restaurants, coffee shops and supermarkets and thanked me for representing them. I hope that they are satisfied and that they consider that I have lived up to their expectations. It has been an honour to serve them.
I have to turn to family. I want to begin by paying tribute to my father, Frank Scarrabelotti, who, at the ripe old age of 98, still does not understand my politics. But I think that is mainly because he does not recognise that the party that he supports parted company with him years ago, perhaps at about the time that Labor took the “u” out of their spelling. I want to thank my brother, Gary, for all of his support. Gary is not here today because our Dad is not well, and he has gone to be with him. Nineteen years ago, I spoke of my family in the following terms:
Nothing would be possible without my friend, my soul mate, my love, Lyle Dunne. Lyle’s wit and wisdom, his patience and poetry, have enriched me for half my life.
Now that has become over 40 years, so the time has passed. I said at the time:
Lyle and our splendid children, Olivia, Thomas, Julia, Isabella and Conor are an entirely unmerited gift and the depth of my pride in them is truly immeasurable.
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Now their ranks have been augmented by Simon and Elynor, Callum and Clodagh, Matilda and baby Finn. Our joy is enlarged by these relative newcomers, but it is still the case that “mere words of thanks seem hopelessly inadequate”.
There must always be regrets. I never got to speak in the discussion of an MPI on “the importance of being earnest”. I could never quite work out how to get it through the standing orders, even when I was the Speaker. Clinton has had a version of the speech in his bottom drawer for some time; he regaled us with it on a bus trip on one occasion. It was not so much a speech as a collection of bons mots and clangers derived from briefings, meetings and Hansard, all strung together in a Kafkaesque riff. But the dominos have never “been in my court”, in this matter. Madam Speaker, who is not here, will be saved from once again covering her ears and saying, “La, la, la, la!”
Seriously, there would be very few people who have served nearly 20 years in parliament and spent all of that time in opposition. Of course, it is disappointing not to have served on the government benches, because I would have been awesome.
There have been changes to our laws here in the ACT that I very much regret. Having amongst the most liberal abortion laws in the country does not give me joy. I still cleave to the view that abortion is a surgical or chemical solution to a social problem, and our inability or unwillingness to address a woman’s problems in a more holistic and loving way is a matter of profound regret. I salute those who support pregnant women, especially the beautiful women—well, mostly women—at Karinya House, and I salute the brave women in countless troubling and frightening circumstances who are encouraged to stand by their babies no matter what.
There is a saying about the mark of a society being the way we treat our most vulnerable. Regrettably, we in Canberra have a long way to go to improve the way we treat the troubled, the ill, the disabled, the frail and the marginalised. The growth in the number of children in care and protection, our rates of Indigenous incarceration, homelessness, people with a disability without the right services, the growth in public hospital waiting lists, and the failure to address the recent recommendations out of the end of life committee on palliative care all show that we have a long way to go to become a truly inclusive and caring society.
But there have been good bits. On the up side, Canberra has been so far saved from the scourge of euthanasia. This is thanks to the hard work of countless people in the community. I thank them for their work, and I have been proud to stand with them.
Being a member of this place for nearly 19 years has afforded me many opportunities. Apart from the sheer honour of serving, you get the opportunity to meet and discuss important issues with the best and brightest in their fields—environmentalists, pastors, doctors, scientists, musicians, actors, lawyers, teachers, community advocates and public servants. I have been privileged to know many whose names I will not record here because the list would be too long.
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In 2012 I had the privilege of becoming the Speaker of this Assembly. It was not a position I had ever looked for, but it was a singular honour. I thank the Assembly for the great honour it bestowed upon me. To be a member of the opposition as well as the Speaker was a novelty that caused many to scratch their heads. I consider the fact that I served a full term as Speaker a testament to my endeavours to be scrupulously fair, if demanding. I do not apologise that my appointment caused considerable discomfort to many, especially Mr Corbell and Mr Barr, but I am sure they got over it.
The speakership put me in the way of many things parliamentary. The fellowship of presiding officers was a great opportunity for sharing and learning in equal measure. The speakership also put me on the path to six years of service with the Commonwealth Parliamentary Association, as a director and then as its treasurer. While the CPA role caused some dismay and even a little envy, it afforded me a huge opportunity to define my views on governance and put many of my theories into practice. Again, the opportunities I received were as unlooked for as they were rewarding and frustrating.
The opportunities offered by the CPA and the wider commonwealth family could improve governance and democratic institutions in so many places for the betterment of so many people, but there is so much work that can be done. The CPA offered me many opportunities, but it was not all about tropical paradises. Having meetings where you are locked in a compound for your own safety or escorted to Sunday mass by an armed policeman does make you appreciate the freedoms we enjoy in Australia.
Without the CPA I would never have met a youngish member of the Lok Sabha for the BJP, Varun Feroze Gandhi, who, after a very fiery CPA meeting, took me aside and said—I will not do the Indian accent—“Madam, you remind me of my grandmother.” Coming from a Gandhi, I took that as very high praise indeed.
I made so many friendships, even unlikely ones. I particularly want to take this opportunity to thank Dr Shirin Chaudhury, Dr Roberta Blackman-Woods, the Hon Niki Rattle, the Rt Hon David Carter, Paul Foster-Bell, Alexandra Mendes and Akbar Khan for their fellowship, friendship and support.
Through the CPA and other fora, I have had the privilege of meeting and getting to know some very inspiring political leaders—some just a bit and some very well. Entry into the Vicki Dunne hall of fame for political leadership is quite difficult. The people there—like John Anderson, our former Deputy Prime Minister; Jason Kenney, the former Canadian defence minister and now Premier of Alberta; David, Lord Alton of Liverpool, one of Britain’s foremost human rights campaigners; former PM of New Zealand Bill English; and senator and activist Ronan Mullen—are all in my hall of fame because I have learned from them that erudition, faith and conviction are the best tools that you will ever have in politics. Even though they are all, in their very different ways, very competitive, they know, in the words of the great Australian poet James McAuley:
It is not said we shall succeed, Save as His Cross prevails:
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The good we choose and mean to do Prospers if he wills it to, And if not, then it fails.
Nor is failure our disgrace: By ways we cannot know He keeps the merit in his hand, And suddenly, as no-one planned, Behold the kingdom grow!
I thank them for their leadership, for their example and in some cases for their friendship. I hope that after this phase of my career, I will be able to use what I have learned from them to forge new paths. On the subject of James McAuley, I thank Catherine and Michael for introducing me to that poem at a very dark time. It has been a constant comfort since.
There is a lot of unfinished business. As I move into a new phase of life, I will be drawing on my nerdiness for things electoral and procedural, and a desire to build democratic institutions. With that combination there will be plenty of post-parliamentary callings to take up my time.
There are other issues that occupy me: Australia and the ACT have unenlightened and oppressive prostitution laws; human trafficking is rife; and religious and political liberty are still issues of profound concern. In Hong Kong people are groaning under the renewed and active oppression of the Chinese Communist Party. Across Africa and the Middle East, Christians face oppression and death. Uighurs and Tibetans are suppressed. There is a lot for us to do.
In addressing this Assembly in this way today, I am drawing to a close a long career, and in some ways drawing to a close the Ninth Assembly. It is said that most parliamentarians are either bundled out by their electorate or carried out in a box. I wanted to be in the select group who chose the time and the manner of their departure.
As I leave, I am conscious that all of you—except Ms Le Couteur—are absorbed in electoral campaigning. I have spent more than half a lifetime campaigning for things, and I will continue, but in a different way. To my Assembly colleagues in the Liberal Party—Alistair, Nicole, Andrew, Giulia, Kikko, James, Candice, Elizabeth, Parto and Jeremy—thank you for your love and friendship. Good luck and campaign hard. Canberra needs you to succeed so much.
To my adversaries across the chamber—and that includes the Greens—I wish you joy, which should not be confused with electoral success.
To companions, colleagues, collaborators, constituents and confreres, thank you for the past 19 years. It has been an honour.
MR COE (Yerrabi—Leader of the Opposition) (4.21), by leave: Rarely do you get to work with someone who is respected by all, has impeccable integrity, is extraordinarily trustworthy, is good humoured and is a wonderful friend and
2269 27 August 2020 Legislative Assembly for the ACT counsellor. That has been my experience with Vicki Dunne over the last 12 years in this place. Vicki is a giant of the Legislative Assembly. For 19 years she has been a considered voice in the chamber, in the party room and in the community. She is someone that I have turned to for advice and, let us be frank, someone who has given me advice whether I wanted it or not.
For eight years I was a fellow member for Ginninderra, and I think we were a pretty good team. As we all know, the Hare-Clark system can sometimes promote some internal competition. But I can say with honesty, and I think complete accuracy, that Vicki was a complete team player. We often had different approaches to campaigning but we complemented each other. Vicki is a team player. We co-hosted meetings in car parks in Holt, at Hawker shops, about DAs in Jamison, in car parks in Nicholls and many other places. We campaigned hard, and I am proud of the six per cent swing we got in Ginninderra from 2008 to 2012.
Vicki is someone that commands respect. Even people who disagree with her respect her for her convictions and her principles. She has been a champion for Belconnen for decades. Since 2001 she has been the go-to person for thousands of people.
I do want recorded in this place the significance of her electoral achievements. To be elected five times to parliament is extraordinary. To be elected in 2001, 2004, 2008, 2012 and 2016 is a mighty achievement. I do not know what the percentages are across Australian parliaments but I am guessing you would be in the top 10 or so per cent of people that have been elected consecutively on five occasions.
Madam Speaker, as you know, Mrs Dunne made a wonderful contribution to the Assembly as the Speaker of the Eighth Assembly. In this role she acted with impartiality and professionalism. In fact, from our point of view she acted with too much impartiality, it has to be said. She was professional and she made a significant contribution to the Commonwealth Parliamentary Association.
Vicki has made many passionate and powerful speeches. When she speaks, people listen. Of course it is not uncommon for a tear or two to develop in some of her speeches, and I am not breaking room party room confidentiality, I do not think, when I say that Mrs Dunne does cop a bit of stick for her emotion, but all in jest. Her passion is extraordinary.
The Canberra Liberals are proud of the way our party room operates. We have a diversity of views and our discussions can be robust but they are always respectful and things always come out the other side in a better place. Vicki has been a stalwart of the Liberal Party in Canberra but particularly in the Liberal Party party room. She makes detailed party room contributions. She engages in discussion. She listens to input and is open to changing her position, based on what she has heard. She is a team player. She and her team are the custodians of an enormous amount of corporate knowledge and her departure will be a significant loss to our party room. Her influence and her presence will be missed. While she has very strong convictions, she has always been open to hearing other ideas.
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The early years of her time in the Assembly, I know, were pretty turbulent and I know at times they were difficult and there were some personal setbacks, but she remained strong because faith is central to who Vicki is. As a committed Catholic she has provided a voice to thousands of Canberrans who share her faith but also to others who share her values. For this faith she has often been criticised but she has stood strong. She has fought the good fight.
What is perhaps the most defining aspect of Mrs Dunne is her family. It is evident to all of us that words cannot describe the love that she has for them all. To the children—Olivia, Tom, Julia, Isabella and Conor—and partners and grandchildren, thank you for sharing your mum with the people of Canberra. Thank you for giving up time with your mum so that she could serve here. Thank you for the support that you gave her. And of course, to Vicki’s dad in Lismore, thank you. There is still time for all of you to convince him, at the age of 98, to vote Liberal.
Of course Lyle has been such an instrumental member of team Dunne. He is regularly seen at events with Vicki, helping on the campaign trail, providing Vicki with additional policy firepower. Lyle has been a wonderful asset for our team as well. Thanks for being on this journey.
I record some comments I have received from Senator Seselja, a past colleague, friend and, of course, Leader of the Opposition with Vicki as a member of that team. He said:
“Conviction politician” will be the public epitaph and rightly so. Vicki has strong beliefs about the inherent dignity of every human person, no matter their age or stage, and of the importance of family and looking after those who are most vulnerable in our community, which she refused to depart from regardless of the personal cost, and this will be to her eternal credit.
She is a wonderful mum and art lover, a traveller, a loving wife, a volunteer, someone who enjoys life and lives it to the full. Her wicked sense of humour is not to be discussed publicly as it would no doubt get us in trouble. On the flipside, her compassion always shone through. In all these things, laughing or crying, fighting, working or caring, Vicki has always been unique and authentic. She will be a loss to the Assembly and the Liberal team and to public life. But that loss will be Lyle and her family’s gain as she and they are able to join the next phase of life together.
Those words were from Zed.
The Vicki that you see in her public life is the same as the Vicki that you see in her private life—loving, compassionate and committed. I am disappointed that she was never a minister, and I know that is a point of disappointment for her. However, at least cabinet submissions from public servants will be spared of her grammatical corrections.
She can be proud of a huge amount of work that she has done across so many different portfolios, most notably in planning, health and community services. I am
2271 27 August 2020 Legislative Assembly for the ACT always amazed by the number of people, often very vulnerable people, sometimes unlikely people, who confidentially reach out to her because of the trust that Vicki has earned. Vicki is staying in Canberra and, I am sure, will be available as a mentor and sounding board for me and for others. I think she has much more to contribute to Canberra. It just will not be as a legislator.
Vicki, thank you for the sacrifices you have made. Thank you for your advocacy for democracy, for liberal values, for faith communities, for families, for Belconnen and for Canberra at large. I will miss you. We will miss you.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (4.31), by leave: Mrs Dunne, I was thinking about what I would say today. We have almost nothing in common. We have disagreed on nearly every issue that has emerged.
Mrs Dunne: The Brumbies?
MR BARR: Yes, I am coming to that. You have shadowed me in many portfolios from when I started in this place and Jon Stanhope made me education minister, during that infamous era. I almost thought at times you might have even felt sorry for me on a couple of occasion, but you quickly disabused me of that.
You have been this Assembly’s longest serving member in this term of the parliament. You have held many important positions within your own party and within this place. Yes, you were a very demanding Speaker. I can confirm that. But I am pleased that Jon Stanhope remains the only Chief Minister who has been suspended from the service of this house. I think we all know why.
Mrs Dunne: Didn’t Doszy kick you out?
MR BARR: No. I do not think I was kicked out.
Mrs Dunne: I thought you were.
MR BARR: No. I draw on the very important and authoritative document, “The long and the short of it”, that the Clerk has prepared on this Assembly.
In contemplating those areas where we have agreed I think you were right the first time on light rail. You were ahead of your time in that regard.
Throughout your time in this place you have been a compassionate contributor for the conservative side of politics. I have never doubted, on any issue, where you stand. I think all of us, even though we have disagreed with you on many occasions, sometimes bitterly, sometimes very passionately on the floor of this place, all respect where you are coming from and why you hold the positions you do.
We do not always agree. At times that disagreement, on reflection, over the last 15 years has got more personal than it perhaps should have. I have reflected on that
2272 Legislative Assembly for the ACT 27 August 2020 over my time in this place. But I think we have both been on a journey. As I reflect on the speeches that you gave 10 or 15 years ago and some of the speeches I gave, we are, I think, more mature parliamentarians at this point in our careers.
You have always had a commanding grasp of the standing orders of this place and used them to devastating effect at times—when we were least expecting it. You are head and shoulders above most parliamentarians that I have encountered in this place because of your knowledge of the standing orders and knowing what needed to be done from opposition, utilising those rare opportunities that you might have had.
But you leave this place with our respect as a very effective and diligent parliamentarian, an advocate for your side of politics and someone from whom your colleagues draw great strength. That is very clear. You are a very effective parliamentary performer. On one level I am not sad that you are leaving. You have been a formidable political opponent.
To your family, I am sure they are grateful to have more time with you. I know you love travelling. We hope that the ban on international travel will soon end and it will be safe for you to explore more of the world, which I know is a great passion.
I asked my colleagues to provide some further thoughts. Those who have worked with you on committees were unanimous in their views about your diligence to those tasks, your willingness to form friendships across the aisle, sometimes unlikely friendships on issues, clearly, where committee members have approached things from very different perspectives. Ms Cheyne, in particular, wanted me to acknowledge that. She made some comments this morning to that effect.
In closing, on behalf of the Labor Party, congratulations on your career in this place. We are not so sorry that you did not get to be a minister, but you will understand why. In concluding, on a positive note, and something we do have in common, we are both from Lismore. It is a great part of the world. My best regards to your father and to all your family and friends who have gathered here today to acknowledge your very significant contribution to territory politics. This place will not be the same without you. I am glad you did not throw me out when you were Speaker. Best wishes for the future.
MR RATTENBURY (Kurrajong) (4.36), by leave: On behalf of the Greens I pay tribute to Mrs Dunne as she leaves the Assembly today and reflect on her valedictory remarks and the observations we have made about Mrs Dunne. As has been noted, Mrs Dunne has had a long career in the Assembly, and that is reflected in the knowledge she has across a broad range of issues, seemingly having an ability to join in any debate with some history of reflection on previous debates in this place or simply an experience of having spoken to a constituent or asked questions in estimates about it on a whole range of matters. That has made her one of the very significant contributors in the Liberal Party. The only other person I can think of like that is Mr Smyth, who had a similar length of service in the place and was able to jump in in a similar way.
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I have always appreciated Mrs Dunne’s attention to detail and depth of analysis, traits which were very valuable when we were dealing with complex pieces of legislation like the freedom of information reforms completed during the Eighth Assembly. Mrs Dunne and her team were very significant contributors to that piece of legislation, and I think it is better for her contribution to it.
That experience and those traits were also why we supported Mrs Dunne to become Speaker of the Eighth Assembly. As she noted in her remarks, while some saw it as unconventional, we were firmly of the view that the Assembly should be willing to contemplate an opposition member as Speaker and choose the person with the requisite skills. There was no doubt that through her experience in this place Mrs Dunne had the right skills.
A long career also means you clock up some records. Members will have seen that the Clerk yesterday circulated updated statistics on certain elements of the Assembly, and you may have noticed that Mrs Dunne ranks second on the list for members suspended most often, trailing a fellow member from Ginninderra, Wayne Berry. It was no surprise that Wayne was the leader of that pack. But, given that Mrs Dunne has somewhat of a reputation for dishing out a fierce tongue-lashing on occasion, it is perhaps not surprising. The good news for Mr Hanson is that he is not far behind, in third place. Assuming that he is re-elected, it only seems a matter of time until he catches up.
It is worth reflecting on Mrs Dunne’s contribution to the ACT’s electoral system through her involvement in the Hare-Clark campaign. Given the way Hare-Clark has turned out for this Assembly on some occasions, there may be some tinge of regret in that, but you can actually point back to the fact that it is an incredibly fair electoral system. It invites members to stand on their own merits in terms of being elected to this place, and not just the party ticket, but also ensures that the Assembly is reflective of the votes that are cast in an election far beyond what single member electorates would have produced in this place.
I know Mrs Dunne has always been very proud of the role she played in that campaign, and we join her as people who are committed to improving democratic processes in supporting that reform and thanking her for her contribution to that campaign.
I conclude my remarks by wishing Mrs Dunne well in her retirement. I hope you get to spend more time on the things we know you enjoy—the arts, travel and, of course, your family. All the best, Vicki.
Members: Hear, hear!
Valedictory
MS LE COUTEUR (Murrumbidgee) (4.40), by leave: I start by saying thank you to the thousands of people who voted for me over the four ACT elections I have contested. It is an incredible honour to twice be elected as a member of the Legislative
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Assembly. I spent my 20s in a community in Nimbin—it was not quite Lismore, Mrs Dunne, but my daughter was born in Lismore Base Hospital, so I am nearly there—where we tried to build a better world. When I moved back to Canberra I became involved in lots of groups and then was a founding director of Australian Ethical Investment. So, for me, becoming a Greens member of the Legislative Assembly was simply a continuation of working for a better world.
I am retiring now because I am getting older and more cynical and, sadly, more despairing about the future. Emma Davidson, who will hopefully replace me as the Greens member for Murrumbidgee, represents generational change and new enthusiasm for the fight for a better world.
I have certainly had some successes here in the Assembly. I am most proud of my part in the Assembly passing world-leading legislation that has led to the ACT meeting a 40 per cent reduction in our greenhouse gas emissions from 1990 levels this year. This is because we purchase 100 per cent renewable electricity for the ACT, and the legislation means there are more reductions to come towards the aim of becoming a net zero emissions community.
Canberra has a very progressive community which has elected Greens for about 25 years now. We have been part of the balance of power for many of these years, and this has meant the Assembly has agreed to things that would be radical ideas in other places. We recently passed a motion to plant a million or more trees in the ACT and to work towards 30 per cent tree canopy coverage. All parties here support 100 per cent renewable electricity, despite both the federal Liberal and Labor parties supporting fossil fuels to various extents.
The Greens have campaigned on these issues for years and it is really great to see them being acted on. As a Green I am both resigned to and pleased that one of our functions seems to be policy development for other parties. As my mother used to tell me, imitation is the sincerest form of flattery.
As a result of this, in the Seventh Assembly I was able to encourage the government to roll out water fountains across Canberra’s group centres, shops, parks and playing fields; ensure better protection of solar access of buildings; get poster bollards installed at group centres across Canberra so that live music and events could get better promotion; and support natural burials, which are now offered by the Gungahlin cemetery.
I believe my advocacy has led to increased consultation and notification in the planning system, although there is still a long way to go on that issue. I also raised issues which were not acted on at the time but were later legislated for, such as a ban on cage egg production and puppy and kitten farms in the ACT.
In this term I am really pleased my efforts have led to a commitment from all parties for more tree planting, establishing an integrity commission, more rights for tenants, more land being allocated to social and affordable housing through legislated targets, increased women’s rights, including medical abortions, and fairer fines legislation.
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I am hopeful that after I have finished my valedictory we might be about to pass legislation to stop misleading political advertising.
I will not go through the whole laundry list of Greens achievements, but I am very pleased to have been part of making the Greens agenda happen.
There are a few, possibly smaller, achievements that I am particularly proud of because it is unlikely they would have happened without me being here. I am thinking of the land tax exemption for affordable rentals, which I started work on in the Seventh Assembly; stopping the Federal Golf Club expanding at the top of its land, which, I know as an ex-Garran resident has been on the agenda for about 20 years; an extension of seniors’ rates deferral to the average older Canberran and not just those in the more expensive parts of town.
Two of those items were in areas where I was able to co-operate with the Liberal Party. One of the frustrations of my time here is that there has not been much co-operation with the Liberals, due, I would have to say, to reservations on both sides. In the Seventh Assembly I was one of four Greens in an Assembly of 17 and now I am one of, unfortunately, only two Greens in an Assembly of 25. For me, this has been frustrating in many ways.
I sincerely thank my fellow Greens MLA, Shane Rattenbury, for his support and his work on behalf of the people of Canberra and the Greens. I have no doubt that his and his staff’s work as part of the ACT government has led to many improvements in the ACT government’s actions and policies. I equally have no doubt that much of that work has been either unacknowledged by or in fact claimed by the ALP.
Moving onto to my more major frustrations, I, and even more my office and the women of Canberra, put a lot of effort into trying to improve ACT legislation to require a positive definition of “sexual consent”. It is fair enough that people should say yes to sex if they want it or no if they don’t. Despite me presenting two bills on the subject to the Assembly, this remains important unfinished business for the ACT, as witnessed by continuing reports of sexual violence in the ACT.
The government’s reluctance to provide information to the community is high on my mental list of frustrations. As you all know, as a backbencher I can ask questions in the chamber and on notice. I tell people that is my one superpower—I can ask questions and the government must answer me, although sometimes the answer is effectively content-free. I am still frustrated that the Assembly does not have an accessible, searchable database of responses to questions on notice, and I hope this will be addressed soon.
Last year I asked a series of questions about public transport patronage with network 19 because the government was not telling anyone how the new network was going. Even worse was the consultation on the route for light rail from Civic to Woden. During this consultation the government refused to even tell us how long it would take to travel between Civic and Woden on the planned routes, even though they surely knew.
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Public transport, in particular light rail, is an issue that has dogged ACT politics for the last eight years. I asked the government if it had compared the greenhouse gas emissions for light rail with those of bus rapid transit or if it had done a life cycle analysis for light rail. I was stunned to find that the answer was no. I also asked about operational greenhouse gas emissions for the light rail and I was told that it was commercial-in-confidence. Not what I expected.
This lack of basic information on the greenhouse gas effects of our major public transport infrastructure is one of the reasons for the climate change trigger in my planning legislation last week. What was passed will not give us all the information we need to make the right decisions for the long term, but at least it is a start. We actually need to know about the life cycle analysis of all of our major projects if we are to make decisions which will result in a more sustainable Canberra for the future.
I have some reservations about the cost of light rail as well as the time for which it is projected to take to get to Woden from Civic, especially compared to the current rapid bus services. One solution could be to ensure that there are express services to Woden. That could provide an attractive alternative to driving. I would like the government to think harder about how these express services could be delivered.
As I think will surprise no-one, the area I am most frustrated with is planning. We can do better. We have wasted the four years of this Assembly. What we are building in Canberra is unaffordable now for many Canberra residents, as well as unaffordable for our environment. What we are building will be here for the changed, hotter climate that is coming, and I am concerned that it just will not work well enough for the needs of our future and add to the destruction of our environment.
The parliamentary agreement included a commitment to an inquiry into housing by the planning committee. However, when the committee started, the other members of the committee wanted to first inquire into billboard advertising. When the planning committee finally began to inquire into housing, the government launched the housing choices citizens jury process, which covered many of the same topics of the planning committee inquiry, so the planning committee stopped its inquiry.
The citizens jury reported in mid-2018 and the government agreed in principle to all of the recommendations. It then did nothing with them. This was a waste of the community’s time, in my opinion, and a waste of an opportunity to build Canberra better. Along with many Canberrans, I have been frustrated to watch this kind of consultation, or non-consultation. It is disrespectful to the public to involve them in consultation but disregard their feedback.
As I said, we are not building a more sustainable Canberra. I probably will not go on about this because you all know what I am going to say. We need to build a Canberra that is affordable for the people of Canberra and is sustainable for our environment. We are pretty much building the biggest new houses in the world. I will leave it at that.
Income inequality has been rising, not just in the ACT but everywhere. The poor are getting poorer. I and my Greens colleagues have tried to do something about this with
2277 27 August 2020 Legislative Assembly for the ACT more affordable housing and a fairer fine system. I believe that one reason for this issue is that politicians here and elsewhere are usually paid more than the average wage in our communities. I appreciate the reasons for this—the Remuneration Tribunal works out our wages—but it means we tend to lose track of how tough some in our community are doing.
I have one radical proposal for my last speech: I think we should say that two or maybe three terms should be the maximum anyone can serve as an MLA. In this we would emulate one of the better features of the American system, which is a limit of two terms for presidents. Hopefully that will keep us more in touch with life outside here.
As members will have heard me say many times, I stood for the Assembly because I desperately want to do something to reduce climate change. This is an area where I am just overwhelmed by the lack of action worldwide. Right now the annual global average temperature is about 1.1 degrees more than pre-industrial levels, and it is on track to be 1.5 degrees hotter by 2030. It is no accident that last summer was dominated by bushfires and that last week there was an out of control fire in northern New South Wales, despite it being officially winter.
Surveys tell us that most Australians think we should address climate change, and I do not know why we do not. Hopefully, our young people will lead the way here. I have for many years said that the Australian Youth Climate Coalition is the hope for us all, and they have been joined internationally by the school climate strikers. I hope to do what I can to help them in my life after the Assembly. I look forward to seeing more Greens elected to the Assembly and other parliaments to help achieve the changes we need.
In conclusion I thank my staff—Allison, Adriana, Eddy, Veronica and Jason, as well as Travis, Lily, Georgie and Emily, who worked with me earlier in this term, and Lisa, John and Indra, who I share with Shane Rattenbury. I thank the other Greens staff, both in the Assembly and our office, the Greens volunteers, and all the Assembly staff who keep this place running. I thank the Canberra community that I have worked with while I have been here. Most of all, I thank my husband, Guy, because without his love and support there is no way I could be here today. I wish my fellow MLAs all the best for the election, wisdom in your decisions and good luck in the future.
MR RATTENBURY (Kurrajong) (4.54), by leave: I welcome this chance to make remarks about the wonderful legacy of my colleague Caroline Le Couteur. Caroline and I joined the Assembly together in the class of 2008 and we have been here together for two quite different terms of the Assembly. There was some mirth in our team meeting this morning when someone pointed out that Caroline was scheduled to deliver her valedictory at 4.20.
Caroline has been an activist, an ethical investment founder and a crossbencher extraordinaire, representing everything the Greens stand for, both on the political stage and in her own life. She has thoroughly disproved the glib assumptions by carping critics that we Greens are long in ideology and short on practicality. On this and many other points her record speaks for itself.
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She has served as Assistant Speaker in the Assembly and as Greens spokesperson for planning, territory and municipal services, business and economic development, housing, city services, community services and so much more. She has been on eight different estimates committees, for which we can only offer our sympathy, and five different standing committees, two of them as chair and one as deputy chair.
There are so many things to say about Caroline, but time allows for only a few. I think we all know how much she understands the realities of the climate crisis and ecological destruction. She has spoken today about feeling overwhelmed by the lack of action worldwide to address the climate emergency, a feeling that many others share. Yet in the face of the climate crisis Caroline has never wavered in her commitment to make a difference. We are immensely proud of the role she has played in the Assembly in helping to spearhead our world-leading legislation on renewable electricity and emissions reduction.
She understands that, although there is an immense need to change business as usual on our planet, we have to fight bit by bit, making progress step by step. The world is generally not changed in a day. She understands that a functioning modern planning system must account for climate readiness and that it should serve Canberra residents. Caroline has consistently been the member of the Assembly who has pointed out the flaws in the planning system, as well as the solutions needed to fix it.
Caroline understands the importance of reaching decisions in step with our community and the best evidence before us. She has worked tirelessly to improve planning consultation processes here in the territory. Time and again she has lobbied on behalf of the community for local issues such as Curtin shops, Cooleman Court, Red Hill and Downer shops.
She understands the importance of women’s rights. Many of us here today will never forget the day that Caroline stood in this place and bravely spoke to her personal experiences of sexual assault and how this informs her empathy and appreciation for victims of these terrible crimes. Caroline took this experience and delivered real outcomes, including laws against intimate images abuse, or revenge porn. I know that consent stands on her list, and it is something that we will continue to fight for in this place.
Caroline understands that successful, plentiful public, community and social housing benefits everyone. Thanks to her advocacy we have more accessible and affordable housing options than there were four years ago and, importantly, targets for public, community and affordable land release.
In her time in this place Caroline has played an important role as a crossbencher. Holding governments and departments to account requires real resilience and real integrity. She has achieved this while always playing the ball, not the person. Despite facing a regular barrage from others in this place, Caroline has never resorted to petty politics and her continuing integrity has been a shining light in this place.
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Of course, you cannot get through eight years in this Assembly without experiencing some funny and strange moments. One of my favourite visions of Caroline is of her late-night tour of the rowdy nightclubs of Brisbane as part of a select committee on live music, along with her fellow live music committee members Alistair Coe and Mary Porter.
Mr Coe: What happens in the valley stays in the valley.
MR RATTENBURY: It is an imposing clubbing trio if ever I have seen one.
A busy woman and a fast typist, Caroline has occasionally been plagued by some amusing typos. There was the lunch break when she apparently went to Florida rather than our annual spring flower show. Perhaps the most famous is the tweet Caroline posted as she returned from an animal rights rally, when she tweeted that the Greens will “never support anal cruelty”. It is true, and it was retweeted so quickly that there was no chance to change it. It may still be her most popular tweet.
She lives her life the way she wants others to live: simply and sustainably. As part of meeting goals that contribute to the future of our planet, she catches buses to the Assembly each day and is strongly committed to a plant-based diet and bringing her own lunch each day to save packaging. One of Caroline’s penchants is always to make her own lunch. It is vegetarian and sustainable and it is the same every day: microwaved broccoli and tofu. That means there is a daily smell of cooking broccoli wafting through the office, often lingering for the afternoon’s meeting and occasionally permeating the whole floor. For many Greens staff the smell of broccoli will forever evoke memories of their favourite MLA.
These are just some of the quirks that make us love Caroline even more—a unique member who will leave her idiosyncratic legacy in the Assembly’s annals, or anals, of history.
Today marks the end of a chapter, ending a productive run of two separate four-year stints representing the residents of the Murrumbidgee and former Molonglo electorates. She has not yet fully decided on her next step, but we are in no doubt that it will involve an ongoing commitment to her lifelong environmental and social justice vision.
She has managed to keep in simultaneous view both the wider landscape of the Greens’ vision and the day-to-day detail that brings this vision into being. We will miss her unwavering commitment to the Greens and to making Canberra a better place for many years to come.
Caroline, you have done the Greens and our community proud. It has been a privilege to work beside you as we continue to work hard to deliver a better future for all Canberrans. I wish you well in your retirement and I hope that the COVID situation allows you to actually enjoy some well-earned family time soon enough.
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MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (5.02), by leave: It has certainly been an afternoon for the Northern Rivers, although I think we have very clearly established a Nimbin-Lismore divide that we are all well aware of. I was born in Lismore Base Hospital as well, Ms Le Couteur, so there is a sort of strange symmetry around this afternoon’s—
Mr Hanson: Is there something you are not telling us?
MR BARR: That is the best interjection of the parliamentary term from Mr Hanson.
Caroline, you are the Assembly’s greatest planning nerd. That is a title I might once have held, behind perhaps Simon Corbell, but you have certainly been, through your two terms in this place, very much into the fine detail of the territory’s planning legislation. In fact, I am not sure there is another member who has contributed so much to the detail and who has desired so much to achieve what many believe to be the impossible: the perfect planning system. We have not always agreed on what constitutes the perfect planning system, but I have never doubted your integrity and desire and intent to get closer to that seemingly elusive goal.
I also want to acknowledge your great passion for all matters environmental. I understand and acknowledge your anxiety and concern around global responses to climate change. I hope that you see your time in this place and the work that our two parties have been able to achieve together as being nation leading and in many instances world leading. You have contributed so much to achieving those outcomes.
Where we have had shared goals, we have been able to work well together to implement them. I know I speak on behalf of all of my colleagues in that regard. We have never doubted where you have been coming from. We have sometimes disagreed on the path to get from point A to point B, and sometimes we have disagreed on where we think we are going. But we have always understood your passion and your commitment and that you do live those values.
On a personal note, I want to acknowledge your support every time it has mattered on a matter of social inclusion for the LGBTIQ communities in this city—every time, without fail, and at times when you have been pressured by others, I know. I want to acknowledge that. That has been really important for those communities and was demonstrated again today.
While we have not agreed on everything in this time, we have probably agreed on more than we have disagreed on. I know that that is the view held by my colleagues as well. Those who have worked on committees with you have acknowledged to you, and I know would like me to say again today, that they valued working with you. They found it at times to be challenging and that you pushed them on issues. I am sure Mr Parton, who is laughing, would agree on this as well.
I want to acknowledge the particular examples that you mentioned in your valedictory speech. They are worthy achievements across many different policy fields, and you should be very proud of them.
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On behalf of all of my ACT Labor colleagues, we wish you well for the future. I am sure we will be hearing from you again. I do not encourage you to become a columnist for CityNews, although I suspect that you would add to their diversity, because old white men—former members of the Assembly—commenting on these things have got plenty of air. I guess you would provide some form of counterbalance in that regard.
Mr Hanson: Be careful what you wish for.
MR BARR: Indeed. Thank you for being a signatory to two parliamentary agreements. Thank you for holding everyone to account. Thank you for being the person you are and for the contributions you have made to this place. We will miss you. I note that Mr Coe leaned across to me at the beginning of this term, when you gave your first speech on the way back, and said, “Yep, she’s back.” All the very best, on behalf of all of us, and congratulations on all you have achieved in this place.
MR COE (Yerrabi—Leader of the Opposition) (5.07), by leave: It may be some surprise to Canberrans—probably less so to people here—but I have quite a friendship with Caroline. She is an easy person to like. I and my colleagues have a lot of affection for you and we have respect for what you stand for and for what you have achieved. It is fair to say that we have been very frustrated by some votes in this place. I have a feeling that you have been frustrated by some of those votes as well. But you are a team player and, like all of us, know that we are stronger when we are in a team.
The infamous journey up to Fortitude Valley has been remarked upon—Mary, Caroline and me at Cloudland. After 11 years of trauma counselling, I have almost recovered. It was a memorable experience and not something that is leaving my mind any time soon.
There was another experience, in that same Assembly—it must have been about 2009 or 2010. We used to have lots of meetings in that Assembly with the seven, six, four arrangement—lots and lots of meetings. Caroline was in my office and she was making a pitch about intensive pig farming. It was a pretty compelling pitch. She went into some detail about the practice and about the need to ban it. I said to her, “Do we have any pigs in the ACT?” She said, “No, but we could.” I said, “That’s true.” I said, “Would you support a ban on commercial harpooning in Lake Burley Griffin?” Her eyes lit up and she said, “Would you support that amendment?” She is a person of conviction and her environmental credentials are legendary.
Your analysis of finances as well as economic costs is significant. I note your input and the discussions we have had about whole-of-life costs, about IT systems, about hybrid cars, about light rail and buses and numerous other things. You have a learned perspective that you pass on, either in committee or in the public sphere.
The Assembly is a worse place with you not in it. You have contributed a lot to this place. I wish you and Guy all the very best for the next stage of your lives. I am sure there is still much to contribute. I thank you for the many sincere and honest conversations we have had over the years and I look forward to more to come.
Members: Hear, hear!
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Standing orders—suspension
Motion (by Mr Gentleman) agreed to, with the concurrence of an absolute majority:
That so much of the standing orders be suspended as would prevent the Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Bill 2020 being called on and debated forthwith.
Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Bill 2020
Debate resumed.
MS LEE (Kurrajong) (5.12): I do not intend to delay the Assembly long on this legislation. It is obviously an embarrassment for this government, but I think that the workaround that this amendment bill outlines is testimony to the experience and the expertise we have in the Parliamentary Counsel’s Office and the culmination of, no doubt, a lot of sleepless nights of our public servants in the directorate who have worked extremely hard in the last few days to reach this outcome.
On this last sitting day of the Ninth Assembly, I think it is appropriate that we take time to remember the numerous people, including the legislative drafting team and public servants, working behind the scenes, over weekends and through the night at times, who make our work easier each sitting day and bring legal sense to policy whims and wishes of the government of the day.
We were assured in our urgent briefing that this bill is necessary to ensure that we do not jeopardise our reverse auction process to secure our ongoing commitment to 100 per cent renewable electricity. We were also assured that this is the only way to achieve this outcome, given the circumstances. On that basis, the Canberra Liberals support the bill.
MR RATTENBURY (Kurrajong—Minister for Climate Change and Sustainability, Minister for Corrections and Justice Health, Minister for Justice, Consumer Affairs and Road Safety and Minister for Mental Health) (5.13), in reply: I thank Ms Lee for her comments and I particularly echo her remarks about the role of the public service. It would be fair to say that someone somewhere is feeling quite mortified about how this happened, but we are human and these things do happen.
I particularly appreciate the efforts of my directorate. When they came to tell me that there had been this error, they had also worked out a way to find a solution to it. I thank them for their quick work on that, their professionalism. I appreciate the support of the Canberra Liberals in helping us resolve this matter quickly and effectively. I look forward to being able to report to members on the outcomes of the reverse auctions quite shortly, once we have passed this legislation.
Question resolved in the affirmative.
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Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
Electoral Amendment Bill 2018 Detail stage
Debate resumed from 20 August 2020.
Clause 11.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (5.14), by leave: I move amendments Nos 7 and 8 circulated in my name together [see schedule 7 at page 2333]. These amendments insert a new note under section 222G(2) to remind the receivers of gifts that the disclosure obligations under section 216A of the Electoral Act apply to all gifts.
The amendments reflect the intention that for a larger gift a political entity should have a higher degree of certainty that the giver is not a property developer or a close associate. It is based on the notion that the larger the gift received, the higher the risk of the undue influence.
The amendment also provides that subsection (2)(a) does not limit the matters to which the court may have regard in its determination whether a receiver has taken reasonable steps.
MR COE (Yerrabi—Leader of the Opposition) (5.15): Madam Speaker, the Canberra Liberals support these amendments. We support the technical note and we agree that the size of the donation should be considered by the courts in relation to reasonable steps.
MS LE COUTEUR (Murrumbidgee) (5.16): The Greens also support the amendments, for basically the same reasons as the Liberals’.
Amendments agreed to.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (5.16): I move amendment No 9 circulated in my name [see schedule 7 at page 2333]. This is a technical amendment to the heading of the new section 222H. The bill currently includes the heading “Repayment of other gifts from property developers”; this will rename the heading to “Gifts from people that become property developers”.
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Amendment agreed to.
MS LE COUTEUR (Murrumbidgee) (5.17): I move amendment No 38 circulated in my name [see schedule 6 at page 2330]. This is around limits of moneys for prohibited donors. If it is less than $250, then it becomes a civil offence and a debt to the property, but if it is more than that, it becomes a criminal offence and there are the associated penalties. There is a bunch of sections in that, but that is basically what it is on about.
Amendment agreed to.
Clause 11, as amended, agreed to.
Proposed new clauses 11A and 11B.
MS LE COUTEUR (Murrumbidgee) (5.18): I move amendment No 39 circulated in my name [see schedule 6 at page 2332], which inserts new clauses 11A and 11B. These amendments will establish a new offence for misleading electoral advertising. They are based on a similar provision that has operated in South Australia since 1985.
Unfortunately, in Australia there is no shortage of examples of false or misleading electoral advertising. While not perfect, the South Australian system has worked well there for decades and has been upheld as constitutionally sound by the full bench of the South Australian Supreme Court.
This amendment is not designed to stamp out political debate. Further, it relates only to statements of fact that are inaccurate and misleading to a material extent. For example, if a candidate claimed that their opponent wanted to introduce a specific policy or tax when there was no evidence that their opponent had ever indicated that, they would breach the new offence.
Also, it applies only to electoral material of the kind that is already required to be authorised. It will not apply to, for example, an opinion piece published in a newspaper or a social media post from an individual, provided the post is not authorised for political advertising.
As per the normal requirements for electoral advertising, the offence is intended to apply only to people, or political entities, who post an advertisement, not the publisher. It does not extend the existing burden placed on publishers with regard to defamation or publishing offensive material.
Proposed new section 297A establishes an offence for misleading political advertising. Importantly, it also provides the Electoral Commissioner with the power to request that the person who placed the advertisement do one or more of the following: not disseminate the advertisement again, or publish a retraction in the stated terms and a stated way.
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This would mean, for example, that the commissioner could request that an ad posted on a particular social media platform be retracted on the same platform. This is what in fact happens in South Australia, in general. The commissioner makes a determination and a retraction is published. Of course, if there is a disagreement, the matter can be decided by the courts. In other words, the Electoral Commissioner is not the sole arbiter.
One of the really good features of how it is done in South Australia, and will be done here, is that the turnaround is quick enough that it is relevant to the election. It is not something that should be determined six months after the election. The idea is that the people of the ACT should be able to be sure that there are no actually misleading advertisements or falsehoods in the electoral advertisements.
This has been an effective system in South Australia. I hope that the Assembly will support this amendment.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (5.22): The government will be supporting this amendment today.
The amendment, as Ms Le Couteur has outlined, produces a scheme for dealing with misleading electoral advertising. Certainly, as a matter of principle, we believe that political debate should always be based on facts.
I do note that there have been some occasions recently when I have had to draw to the attention of the Greens some reflections on things that have happened in this Chamber. We want to make sure that we base things on facts from here on.
I also note that, even though this provision will not be commencing prior to this election, I hope that the commitment of all three parties in support of this particular provision will at least morally and ethically bind each of the parties to support it.
We do have some concerns about the workability of the scheme. If we are returned, we will be working closely with the Electoral Commissioner to address some of the practical issues that the commission may face in the running of the scheme; but we support the amendment.
MR COE (Yerrabi—Leader of the Opposition) (5.23): The Canberra Liberals will be supporting this amendment. We agree that there is a need for truth in electoral advertising. I understand the need for this legislation, from personal experience; that is, I and others have been the victims of fake social media posts and many other issues along the way. There should be a level of accountability when something demonstrably false is disseminated. It severely undermines public confidence in the Assembly and its members.
The Canberra Liberals look forward to engaging with the Electoral Commissioner on how this will be rolled out. We do not want this offence to be used to inhibit the
2286 Legislative Assembly for the ACT 27 August 2020 expression of opinion. We understand that there are constitutional concerns that have been raised by Labor; however, we believe that they can be reasonably managed when this legislation comes in next year. There is still time to make any refinements, if need be.
I note that Elections ACT have launched their “Check the source” campaign to raise awareness of the need to consider the sources of communication, to ensure that they are both credible and reliable.
Amendment agreed to.
Proposed new clauses 11A and 11B agreed to.
Clause 12.
MR COE (Yerrabi—Leader of the Opposition) (5.24): If I might seek, with your indulgence, Madam Speaker, some clarity on the status of amendment No 38, which was moved by Ms Le Couteur. Are you able to advise—
MADAM SPEAKER: I called the ayes on that.
Mr Ramsay: Madam Speaker, I think the noes had it. I would be happy to open that up again.
MADAM SPEAKER: Members, do we need to reconsider? Can I take a moment, members, to get some advice about how to progress?
Members, perhaps to progress this, we will leave it to the very end and then we will come back with a reconsideration. Can we mark that to come back to as a reconsideration? I do not think that it is consequential to the rest of your work. We will come back to that, members. We will get back to clause 12.
MR COE (Yerrabi—Leader of the Opposition) (5.26): I move amendment No 2 circulated in my name [see schedule 8 at page 2334]. This amendment makes changes to the transitional arraignment. I understand that there is tripartisan agreement on changing the transitional period to 18 October 2020 until commencement on 1 July 2021. This amendment also inserts a refund provision that mirrors section 222A of the bill, where the receiver does not incur a penalty if the gift is returned within 30 days. As the bill currently stands, political entities would incur a penalty if one receipted a gift, regardless of whether it was returned or not. We believe that it is reasonable to allow an opportunity for the gift to be returned before any penalty is imposed, as will occur under the current agreement.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (5.26): The government supports this amendment. It is a commonsense provision to ensure that, during the transitional period before the commencement of the bill, if a property developer or close associate donates to a political party but the donation is returned, a
2287 27 August 2020 Legislative Assembly for the ACT debt is not then raised against that political party. We support the approach, noting that it fulfils the intent of the government’s amendment to this clause, as well.
Amendment agreed to.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (5.27): I move amendment No 11 circulated in my name [see schedule 7 at page 2333].
This amendment is in relation to clause 518 of the bill, which provides for the making of transitional regulations to deal with unexpected transitional issues that support the commencement and the operation of the amendments to this bill.
Amendment agreed to.
Clause 12, as amended, agreed to.
Clause 13.
MS LE COUTEUR (Murrumbidgee) (5.28): Given the earlier votes, I am not going to be moving any more of my amendments because they would possibly—
Mr Ramsay: There is still one, No 41.
MS LE COUTEUR: I take advice from my colleague. I move amendment No 41 circulated in my name [see schedule 6 at page 2333]. It is a dictionary dot point that will make it a lot easier for the application to actually have the things defined. I thank you, Mr Ramsay, for pointing it out.
Amendment agreed to.
Clause 13, as amended, agreed to.
Clause 14 agreed to.
Clause 15 agreed to.
Clause 16 agreed to.
Title.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (5.31): Just very briefly, we are pleased to have this bill going through the Assembly tonight. The bill better protects democracy in establishing a ban on entities making political donations that have been known in the past to have sought to influence government decisions through such donations.
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I do note that there have been no donations that have been received by the Labor Party from property developers for some time, and this ban was a key election commitment and item in the parliamentary agreement. We are very pleased that it has been achieved today.
I place on record again my thanks to members across the parties who have negotiated very cooperatively and in good faith, members of the OLA staff; the ACT Greens advisers, Eddy and Adriana; Ausilia from the Canberra Liberals; and Tom from the Chief Minister’s office who has led the work on behalf of ACT Labor. It has been very strong and cooperative work done in good faith and I thank all people involved.
MR COE (Yerrabi—Leader of the Opposition) (5.32): I thank all members for the cooperative way that everybody has dealt with this. It has at times been a little ad hoc and at times a little stop-start and a little slow to get going; but, by all accounts, it has been a pretty collaborative effort.
I express my thanks to Janice for her excellent programming work with the cheat sheet today and throughout this term. You have done an exceptional job and this is another great example.
I also extend my thanks to PCO for their considerable efforts on our amendments and, indeed, all the work that they do. When this bill looked to be debated in early 2019, they provided us with multiple versions of amendments that frantically went before scrutiny to allow for flexibility in our discussions. They were working under very tight time frames with all parties to ensure that everyone had what they needed. As it turned out, the time frame was not quite as tight as what we had anticipated. It was not quite as frantic as perhaps we had thought. As always, PCO undertakes their work and advice with a very high degree of quality. I particularly thank Margaret, Lyndall, Mary and Daniella who assisted with our amendments.
Electoral amendment bills are always complex and there have been ongoing negotiations since the legislation was introduced in late 2018. I thank the JACS officials who worked on the government’s amendments and Tom from the Chief Minister’s office for his contributions. I also extend my thanks to the Greens and to recognise the considerable work that was put into the amendments by Eddy and Adriana in Ms Le Couteur’s office.
While the Canberra Liberals still have some practical concerns with elements of the bill, we are happy to support the increased efforts towards transparency and accountability in the electoral process.
Finally, thank you very much to Ausilia for all that you have done on this bill and numerous others. Your diligence, professionalism and expertise are really admired.
MS LE COUTEUR (Murrumbidgee) (5.34): I also put on the record my thanks to PCO who, I guess, get an electoral bill at least every term of the Assembly. They must be used to this sort of stuff; but still, thank you very much to them. Thank you to Janice for doing the scripts for us. Thank you to Eddy and Adriana and Ausilia and
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Tom, and Ron before Tom. Yes; it has taken us a while, as Mr Coe said. I am very pleased that we finally have a step forward in terms of some degree of truth in electoral advertising.
It is the least, I think, that we can do for the voters of the ACT, and I hope that this, as in so many other things, will be something where the ACT leads and the rest of Australia follows.
Title agreed to.
Clause 11, as amended—reconsideration.
MS LE COUTEUR (Murrumbidgee) (5.17): I move amendment No 38 circulated in my name [see schedule 6 at page 2330].
Amendment negatived.
Clause 11, as amended, agreed to.
Bill, as amended, agreed to.
Sitting suspended from 5.37 to 6.37 pm.
Adjournment
Motion (by Mr Gentleman) proposed:
That the Assembly do now adjourn.
Valedictory
MR STEEL (Murrumbidgee—Minister for City Services, Minister for Multicultural Affairs, Minister for Recycling and Waste Reduction, Minister for Roads and Active Travel, Minister for Tertiary Education and Minister for Transport) (6.45): On the last sitting day of the term, I would like to, in this very short time, run through some of the key achievements I have been proud to work on as part of the Labor team in the last four years in Murrumbidgee.
Woden is my home town, and from my first speech in the Assembly through to the last in this term Woden town centre’s regeneration has been a real focus. I started with campaigning against the 1,726 job cuts, relocations and decentralisation of staff by the federal Liberal government in Woden which have contributed so much to the problems that the town centre faces.
Further achievements are hosting a Woden roundtable; building the Woden experiment in Woden town square; getting on with the Woden town centre masterplan so that we can support the regeneration of the town centre; working with local businesses; moving over 1,000 staff from Health, Access Canberra and Major Projects Canberra into the refurbished Callam Offices so that we can deliver the major
2290 Legislative Assembly for the ACT 27 August 2020 infrastructure that Woden needs—community facilities, health, transport and education—and protecting and creating jobs in the process.
I am proud to be part of a government that has been delivering major projects like progressing light rail stage 2 to Woden to extend to the south side the benefits of the success we have seen with light rail stage 1. I remind Ms Le Couteur that it runs on 100 per cent renewable electricity and moves far more people than buses ever did along the Northbourne Avenue corridor.
I am very pleased to have approved the new public transport interchange for Woden, which will start construction in the new year, to renew ageing but much-needed infrastructure. We are delivering on the expansion of the Canberra Hospital to provide a new emergency department, operating theatres and acute capacity for our whole region in Woden. There are upgrades to the Woden Library. They are lesser known, but they will be really fantastic. We will potentially see the return of the reading kit at Woden Library and fantastic spaces for young people to use after hours as well.
Early work is underway on the feasibility and design of the new Woden community centre as a new home for Woden Community Service, which will provide flexible community spaces for the whole of the Woden Valley. The Hyacinth Street bike path is under construction, connecting Woden and Weston Creek across all three stages. We also have work starting on Corinna Street as part of the wider focus our government has been taking on active travel.
It has been fantastic to work with the vibrant communities in Torrens, Farrer and Waramanga on new play spaces for our younger citizens and to support them to get a good education, with upgrades to our local schools as well as our government’s work on rolling out three-year-old preschool to give them the best start at life.
In Weston Creek I have been pleased to work with some of our older citizens, with the fellas from the Weston Creek Men’s Shed to find them a new home in Rivett. Our Labor team did what we promised in building a new Weston Creek walk-in centre, which has been such a great asset during the pandemic over these past few months in providing respiratory assessment function.
To test out the lungs of our canines we have built the Duffy dog park, now to be irrigated. That will be a fantastic facility. In Kambah we have improved safety around Mount Taylor to provide better recreational amenity along Sulwood Drive. We delivered upgrades to Kambah village, which will be complemented by further private upgrades come Christmas.
There is so much more we have achieved right across our city, from making green bins available to every household in Canberra, rolling out bulky waste, getting the upgrades to our MRF underway, with the best organised jurisdictional response to the China sword program the country. We have delivered 10 rapid routes across Canberra as part of our transport system. We have made major reforms to our animal welfare laws to recognise animal sentience, an Australian first, and we have reformed our litter laws through policy. We will reform single-use plastics; we have introduced the policy and we will continue that work in the next Assembly.
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I have been very pleased to advocate on many issues across this term, including fighting for marriage equality because we were forced by the conservatives to fight to get it done—and we did. We advocated for energy providers to accommodate battery storage, including making distributed battery power available through the grid through virtual power plants. We have advocated to the TGA to act on unjustified discrimination against gay men donating blood and it looks finally the RCBDS and the deferral period will be lowered.
We have ensured that P-platers will not be subject to unfair curfews and we have highlighted the issue of disability employment through the inquiry held by the HACS committee. (Time expired.) I table the rest of my statement, Madam Speaker:
Minister Steel—Conclusion of adjournment debate speech.
MR PARTON (Brindabella) (6.50): I cannot believe we have reached the end of the term. To me, it feels like yesterday that I was in the chamber giving my inaugural speech. It has been such a great honour for me to serve the people of Tuggeranong and the people of Canberra. I have lived the last four years of my life based on the assumption that I am not being re-elected because I think it would be wrong to assume otherwise. As such, this may be the last speech that I deliver in this parliament.
It has been a great privilege. Sometimes I have got to pinch myself—is this really my life? I have enjoyed every single minute of it. I do love the chamber stuff, I have got to say. If you are going to speak in this chamber, I figure you should say something worthwhile that people will remember. If you are going to jump into the pool, you may as well make a splash. Say something that is memorable or do not speak at all. I know my Labor colleague Ms Cody follows the same edict, but not so much Ms Orr or Mr Steel. That is not to say that Ms Orr and Mr Steel have not made a swag of scintillating speeches in this chamber; it is just that I cannot remember any of them.
Madam Speaker, you have no idea how much I want to sit on the other side. I have sat through so many debates in this chamber and mused at, dare I say it, the meaninglessness of the theatrics in this one-house parliament with a crossbench that has only voted with us five per cent of the time. It is clear to me that we are no good to anyone sitting on this side and that the only battle that really counts is the battle for those two extra seats.
I say thanks to my wife, Luisa, my family and my mum, Jacqui. My family and the kelpies help to keep me sane and support me in so many ways. My staff have done some hard yards for me, including the amazing Rob Lovett. I recall on the Saturday morning after I was preselected in 2016 I had breakfast with John Barilaro, George Lemon and Rowan Carter in Manuka, where we sat down to try to plot a way forward. I remember George said to me, “Who’s your campaign manager?” I said, “I don’t know.” I did not have one.
Mr Lovett’s name came up as a hardworking party man who would have run Brendan Smyth’s campaign. I think I had only met the bloke once. We caught up the following day and I installed Rob as my campaign manager. After we secured a seat he became
2292 Legislative Assembly for the ACT 27 August 2020 an integral part of my office. I have so much admiration and genuine love for this man. He has done so much for me, and I can never truly repay him. I hope he will agree to have some role in my office should I be re-elected in October.
Thanks to Brad Clark, who was part of my original team, with a lot of political nous and a great sense of humour. This year we have added Chelsea Dempster to the team and she has been a breath of fresh air. She has just knuckled down and got on with it.
Thank you, Mr Duncan, and your amazing team. Thank you, Mr Duckworth, and your business support group, the hardworking committee team, including Annemieke. I also acknowledge the assistance from Gordon Ramsay, Mick Gentleman, Caroline Le Couteur and their staff, who generously assisted with briefings and clarifications on legislation because that is very important.
To all those opposite, I know we rant and rave and carry on at each other, but I think you all know that I love you all as individuals—even you, Steelo. It often gives me pain that we have to go so hard. It has been a pleasure being a member of the team on this side of the chamber. The support from Alistair and his staff has been topnotch and I look forward to serving Alistair as Chief Minister.
Mrs Dunne—who is not with us, but it will get back—has been amazing. I wish so much that she was going around. I still say to Mrs Dunne, “If you’d stuck around you might have been this election’s Brendan Smyth or Bill Stefaniak.” I still think maybe a role as commissioner for the South Coast might have been the go for Mrs Dunne. It could have been, but unfortunately it is not to be.
To the people of Tuggeranong, I hope that soon we will be in a position to do so much more for you. Thank you for putting your trust in me. I will be quiet now and let others get on with it. But thank you, and maybe I will see you soon.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (6.55): Nearly four years ago, in my first speech here, I said:
I have been shaped and changed by the stories and the lived experiences of people who have shared their lives with me over these 20 years.
I have another four years to add, and it has been a great privilege to have had those extra four years as well.
The work that I have had the privilege to undertake so often impacts on the lives of the most vulnerable and the disadvantaged in the community. As I have said before, it is our responsibility to ensure that the perspectives of those who might not otherwise be seen are seen.
Amongst other areas of work, this has meant that I have presented 57 bills to the Assembly this term, over 50 of them as Attorney-General. They have come from a restorative and relational perspective. We now have better protection for children,
2293 27 August 2020 Legislative Assembly for the ACT after the royal commission, and fairer renting for tenants. We have reduced the number of poker machines in the ACT from 5,000 to 3,800. We have established the Drug and Alcohol Court. We have made directors of building companies personally liable for preventing building defects; and much more.
Access Canberra has recently celebrated its fifth birthday. It has now served almost 2.2 million customers face to face, answered more than 3.2 million customer calls and had more than 29 million visits to its website. The staff of Access Canberra are amazing. They have been vital during the many challenges that have faced our territory this year—supplementing the emergency services phone lines during the bushfires, helping those affected by January’s hailstorm and assisting Canberra’s businesses to survive the COVID emergency through an amazing range of initiatives.
In the arts I have overseen increased funding each year, going directly to ACT artists, culminating in a record investment in the arts, quite separate from our $6 million nation-leading support to keep the arts alive during this ongoing pandemic. We have funded arts grants to individual artists of just under $1 million, over $6 million to arts organisations, over $2 million to arts community outreach and support in arts events, around three-quarters of a million dollars in events grants, and $15 million to stage 2 of the Belconnen Arts Centre, which I was absolutely delighted to open last week.
With building quality improvement, we have more than doubled the number of building inspectors, strengthened the testing and licensing of builders and certifiers, and begun the work on licensing developers, establishing public certifiers and registering engineers.
As minister for seniors, I have led the work on addressing elder abuse, including through establishing an older person’s legal service and creating a criminal offence for those who abuse older and vulnerable people. In the words of Sue Salthouse, that legislation is a “game changer”. I have established a national ministerial roundtable for seniors ministers and introduced the age-friendly city plan that will guide us over the next five years in this city.
With our veterans, I have worked with our large and diverse current and ex-service community, improving employment opportunities and negotiating with the federal government for a feasibility study into a national veterans’ mental health hub here. We have doubled the grant funding that is going to veterans’ groups and contributed to a greater recognition of our veterans locally, such as through the veterans’ day at Floriade and the veterans’ community day.
Of course, none of that is possible without the wonderfully talented, hardworking ACT public servants—those who develop policy, draft legislation, provide advice, answer phones, serve at counters, administer grants, arrange events, support businesses and do so much more. We in Canberra are extremely in their debt.
I am also deeply thankful to my amazing advisory staff throughout this term—Brooke, Michael, Sharyn, Anton, Amy, David, Alex, Laura and Sukanya—and the many excellent DLOs who have been part of my office along the way.
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To the people of my electorate of Ginninderra, that beautiful, varied and vibrant part of the ACT that I have been delighted to call home for over 20 years, I say thank you for your trust in me. Thank you for sharing the values of community inclusion, and thank you for giving me the privilege of allowing me to represent you.
I say to my wonderful family, who have been so patient and have staunchly supported me throughout this time in the ups and the downs of politics—because there are occasional downs in there as well—to Lyndelle, Joel, Justine and JJ, I love you very much.
The next government will have the opportunity to continue to show the type of leadership that is so needed to achieve transformational change, to understand and respond to our most vulnerable people and to play a role in restoring fractured community systems, and I would be honoured to have the privilege again.
MS LAWDER (Brindabella) (7.00): I am very pleased to stand tonight and finish off my term in the Ninth Assembly. I would like to start by acknowledging the contribution of my staff, past and present, who have been an enormous asset to me. I would very much like to thank them for putting up with my high blood pressure moments, when I need something done urgently, right now, immediately, if not earlier, and they usually come through for me. Thank you so much.
I would also like to put on the record my thanks and best wishes to my colleague Vicki Dunne, as she leaves the Assembly after a long and stellar career as a local MLA. I have a lot of respect for Vicki. She is, as we have talked about today, a conviction politician. It may not be a surprise that Vicki and I do not always agree on some issues within our basic liberal values that we all share. There are some issues on which we do have different views, but I have the utmost respect for her views because she can put her argument well, she will listen to other people’s arguments and we generally get a good decision at the end of that. I would like to thank her for all of her advice to me, including when I was an Assistant Speaker in this place in the last term. She was very helpful to me. She is a genuinely lovely person—lovely to know, nice to be around, friendly, approachable and with a great sense of humour. She will be missed in this place.
Over the past few years it has been my honour to take on the mantle of some of the work previously started by Steve Doszpot, who, sadly, passed away early in this term. In that regard I have taken on some of the portfolios that Steve previously had. I am pleased to have continued some of his work, including that relating to dangerous dogs, and advocating for better local services, including women’s safety through better lighting.
I have been pleased to represent, talk with and advocate on behalf of the seniors community. Most importantly, I have been pleased to represent my community of Tuggeranong. Thank you so much to the voters of Tuggeranong for entrusting me to be their member during the Ninth Assembly.
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It has been an honour this term to be the deputy leader of our party. I would like to thank my colleagues for their support and assistance, and especially Alistair, as the leader. I have learnt a lot during this term. It is always good to learn new things, and I am always keen to learn new things.
I have lived in Tuggeranong for over 32 years. I raised my children here and now my 12 grandchildren all call the valley home. It is because of that that I want to make Tuggeranong, and Canberra, the best place to live, work and raise a family—not feel, as they currently do, that Tuggeranong is neglected and ignored. I find it amusing that my grandchildren are growing up thinking it is normal to see a giant photo of their nanna in public places and on a car. They think it is quite usual. They go around saying, “There’s Nanna; there’s Nanna.”
I would like to thank all of my family for their forbearance and their assistance— especially my lovely husband, Peter, who continues to bring me breakfast in bed every morning because he knows that I would not get out of bed if he did not.
If I had one regret in this term, it is actually about my family. I would like to apologise to them for the many family events that I have either missed or been late to because of work commitments. It is a constant struggle to try to work out which is the more important thing to attend. It is one that I am sure will continue in the future. If I am returned to this place I will continue to try to be the best local member that I can be. I would be honoured to come back once again as a member for Brindabella, in whatever form that might take.
As usually happens in a Christmas adjournment speech—of course, you will all be very relieved that I am not singing or paraphrasing a poem this time, but there is still Christmas to come, if I get re-elected—I would like to finish by saying thank you so much to everyone who has helped me, and, to those people who have not helped me at all, thanks for nothing. (Time expired.)
MS LEE (Kurrajong) (7.05): As we draw to a close in the Ninth Assembly, the end of my first and, hopefully, not only term, I take the opportunity to revisit my inaugural speech. I spoke about thousands of hardworking Canberrans who have been forgotten, Canberrans whose voices have not been and continue not to be heard by this government. I spoke of Mary of O’Connor, Lisa of Narrabundah, Geoff of Hackett, Elizabeth of Griffith and Gay of Ainslie facing skyrocketing rates and developments going up around them with no consultation, the scourge of domestic and family violence in our society, our education and health systems failing them and their families, their dreams of home ownership for their children slipping further and further away.
This side of the chamber is not where we wanted to be. But even in opposition I believe that we have made a genuine difference to the lives of those who entrusted us with the privilege of being their voice. I am proud of what I have achieved in my first term.
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I have highlighted this government’s failures in education, with shocking incidents of bullying and violence, our continuing decline in academic outcomes, ageing and dangerous infrastructure issues, and the absolute fiasco that was the extremely ill-conceived hub schools train wreck; our continuing support for a nation-leading position on tackling climate change; our strong advocacy for our local community groups that support Canberrans living with a disability that were let down so badly by this government in the transition to the NDIS; my committee work in establishing the ACT’s Integrity Commission; my involvement with inquiries into consent laws, domestic and family violence and youth mental health; and even stepping up for duty in the chair as Assistant Speaker.
I have fought hard for my constituents, whether it be on planning issues, on maintenance of basic local amenities or to save West Basin. Madam Speaker, I will not shy away from the impact that I have had, and continue to have, as one of the very few visible Asian faces in Australian politics. It is the kind of thing that means nothing to anyone else unless you are that invisible Asian face that can see very starkly that Australian politics is not for someone like you. It is the kind of thing that means the world, when you can see that someone who looks like you does have a place and can make a difference in that way.
I am humbled to be standing here today, giving a valedictory at the end of my first term as an elected member. This, of course, would not be possible on my own. To all the OLA staff who keep this place ticking over every day, thank you. To all the staff of all members here, for everything you do, thank you. To all members in this chamber, across all parties, it has been everything from infuriating to exhilarating to work with you. Caroline, best wishes on your retirement. Whilst we may have had fierce disagreements on some issues, I know that you hold a true commitment to serving our community and you will be missed in this place.
To my colleagues—Alistair, Nicole, Andrew, Jeremy, Giulia, Candice, James, Mark and Kikko—thank you for being by my side as we fight the good fight each and every day.
Vicki, what a year, what a decade, what a career. We might not always see eye to eye on every issue, but what we do share is our commitment to serving our constituents, our belief in the rule of law and our desire to create and leave a better Canberra for the next generation. From your knowledge of the rules that try to keep us in check in this place, your unhealthy love of grammar and your unusually watery eyes, to your uncanny ability to Zoom into the party room no matter where you are in the world, thank you for your years of dedication to Ginninderra and its people, thank you for your commitment to the Liberal Party and our beliefs, thank you for your wise counsel on all matters of parliamentary procedure and process, and, most importantly, thank you for your friendship, which I know will be ongoing.
To my constituents, thank you for putting your faith in me. It has been an enormous privilege to represent you in this term. I hope that I will be returned to continue to do so. I have previously said, and I say again: it was, it is and it will always be about you.
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To my staff throughout the term—Paddy, Josh, Sue, Anton, David, Dan, Brendan, Lauren, Albert and Tom—you believe in what we do every day and I could not do what I do each and every day without you. Thank you.
I go to my family. To my amazing parents, my sisters, Rosa and Sara, who have always had my back no matter what, thank you. To Nathan, I know it is not easy being by my side when much of my time, my energy and my duty does not belong to you. To my darling daughter, Mia, every day I am inspired to be a better representative, a better Canberran, a better person, because of you. Every day I am inspired to make Canberra a better place for you. Thank you for being the light of my life.
MR MILLIGAN (Yerrabi) (7.10): It is hard to believe that this term has come to an end. I came into this place with no agenda or pet issues. I pretty much came to this place based on a set of values I wanted to implement in this Assembly: common sense, personal responsibility, believing in the individual, support for families, and the contest of ideas.
I would like to start off by thanking my dear wife, Katrina, for all her support and commitment for my career. I also thank Blake, my son, for his energy and contribution to everything that I have done.
I have been fortunate enough to create a good team around me, a team that has the same ambition to develop policies that will better the whole community. Thank you to all the staff that I have had over the term: Ewan, Karin, Chris, Brandon, Ben, Cath, and Bella.
Ewan, also known as the old man, has been with me for the whole term. He may say it was against his will, but we all know that he loves his role and retirement is still a long way off for him. Ewan has played an integral role in the research and development of all our policies and initiatives.
Bella, also known as Bellstar, has brought a fresh viewpoint on issues and contributed to a high standard as to how we respond to constituents and also policy development.
Cath, also known as Mother Hen, as my senior adviser has managed me—a difficult task in itself—and in fact the whole office in such a professional way that we continue to build momentum as we tick-box our achievements. We also had a lot of fun and made a lot of noise. I would like to thank Cath and my current team for the hard work that they have done during this term. It has put us in a great position going forward.
Thank you also to my dedicated team of volunteers, many of whom have been with me for over 10 years. I would also like to thank the Assembly staff and the support team that help make this Assembly run.
We have done politics differently. We have held community barbecues and sporting days, produced videos promoting local businesses, and made efforts to engage with a full range of groups, no matter what their views. We have developed a suite of
2298 Legislative Assembly for the ACT 27 August 2020 policies for Aboriginal and Torres Strait Islander communities to improve the outcomes for the whole community. We have developed over 30 initiatives to get every Canberran active in whatever sport or recreation pursuit they choose. For Yerrabi, we have developed a suite of initiatives to make our community the best place to live, work and raise a family.
I thank all stakeholders for their faith and contribution to our policy work, their honesty and the ideas that have helped shape solutions that we have put forward. Throughout this process, I have ensured that my core values, the things that I was elected to represent, have formed the basis for all our initiatives.
To my supporters, the voters of Yerrabi—the local businesses, the sporting clubs, our religious communities, the hardworking mums and dads, our emerging youth, and seniors—thank you for putting your trust in me. I have taken the responsibility and privilege of being your local member very seriously. I hope to continue in that capacity and take it further again.
I want Canberra to be the place of opportunity where individuals can discover themselves, find their unique strengths and talents, and reach their full potential. As a Liberal, I firmly believe in the empowerment of the individual, but I also understand how together, as a team, we can increase outcomes and benefits.
I would like to also thank my colleagues from our parliamentary team and their staff for the journey we have taken together this term. I thank Alistair Coe and Nicole Lawder for their leadership of our team. I thank the class of 2016—Elizabeth Kikkert, Elizabeth Lee, Mark Parton—and Candice Burch, following the sad passing of our former colleague Steve Doszpot. I have appreciated the experienced hands of Jeremy Hanson, Andrew Wall and Giulia Jones, who have shared their insights very freely. And I thank a local Liberal legend, Vicki Dunne, a fierce competitor in the chamber who understands this place and how it runs better than anyone else. Vicki, it has been a privilege to learn from you, to have your support and guidance. I want to thank you on behalf of all Canberrans for being such a strong advocate, for shining a light on issues for Canberrans. (Time expired.)
MR PETTERSSON (Yerrabi) (7.15): I, similarly, have no idea how on earth we got here. It has been four years, and that went way too quickly. It has truly been the honour of my life to have been a member of this place. Each and every day I am still shocked and amazed that I am a member of this place. I think back to those cold, wintry days in 2016, knocking on doors. I had this strange, almost unfounded belief that I was going to win, but, to be honest, I did not really believe it. So each day in this place I come to work shocked. I watch the news at night, and I am similarly surprised that the people who sit around me are the people on TV. Each and every time, I am shocked that I sit amongst them as their equal.
Mr Parton made the observation that he lives every day as if he is not going to be re-elected. I must confess, I live my life in a very similar way. I was shocked in 2016 when I was elected. Going into 2020, I am hopeful to be re-elected but I live my life as if I am not going to be. That drives me forward to push for things—to make change now. Let’s not wait. That being said, I hold a deep fear that I have not really paced my
2299 27 August 2020 Legislative Assembly for the ACT political career too well. I would describe the epitome of one’s political career as getting interviewed by Kochie on Sunrise. Unfortunately, I have ticked that one off, and seemingly you can only go down from there! I think in the future I am going to need to reacclimatise to ABC local radio, which does not really have the same pizazz.
I want to thank, most importantly, my staff. They have been with me through this journey. As much as it has been a learning experience for me, similarly it has been a learning experience for many of them. I want to make particular note of my adviser, Joshua Orchard. He is soon off to bigger and better things. I have always liked to describe him as the most popular member of the Pettersson office. There is always a steady stream of people popping by the office to visit—never for me; always for him, which has always given me some cause for consternation. But I do not begrudge him.
I want to thank my Labor colleagues, from the old hands who have offered guidance in moments of need, to the newer members who have been on a similar journey to me. I am very proud of the work we have done this term, and I am very much looking forward to the work that we will do next term. Whilst there have been many disagreements with my colleagues in the Greens and the Liberals, I have enjoyed getting to know them, whether it be in the committee room or in the hallway. There is something about a long chat in the hallway that glides over partisan differences, even if it comes right after some silly committee recommendation.
I think it is also important that we take a moment to truly thank the people that make this place work. It is not us, the politicians, that make this place work; it is the working people in the OLA—the cleaners, the attendants, the people in HR and the education office. All of them make this place work, so I want to make sure that they know that they are appreciated. I appreciate them. They are fundamentally important to our democracy.
For me, one of the great pleasures of this term has been chairing the Standing Committee on Education, Employment and Youth Affairs. I want to make particular note to thank all of the committee secretaries that I have had the pleasure to work closely with this term—Andrew, Nicola, Kristy, Kate and Sarah—a few of them twice. They are all absolutely wonderful to work with. I am sure the turnover in that committee had nothing to do with us and all to do with their life circumstances! I have considered EEYA the coolest little committee in this place, and I hope that my fellow committee members can attest to that.
In closing, I am genuinely excited about the coming weeks. I have always considered myself to be someone who is inclined towards the campaigning side of politics. I am greatly excited that we will get to hit the hustings again, knock on some doors, make some phone calls and hold some street stalls. We will be doing it in strange times. As no doubt all members have experienced, COVID-19 has made our normal celebration of democracy a strange and distant affair. I have no doubt that, amidst all of the uncertainty and stress, we will all do a good job of putting forward our vision for Canberra. I just hope our vision comes out on top. With that, I thank you, and will hopefully see you all soon.
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MS ORR (Yerrabi—Minister for Community Services and Facilities, Minister for Disability, Minister for Employment and Workplace Safety and Minister for Government Services and Procurement) (7.20): It is hard to believe that it has been almost four years since I stood in this place for the first time as a member for Yerrabi. It has been an immense honour to represent my community in this Assembly, and on the last sitting day of the term I would like to recognise the many highlights of this last term for me.
I am proud to have served as a member in this government that has delivered record investment in health care, education and infrastructure for my electorate. We have delivered free public health care to our community, with the delivery of the Gungahlin nurse-led walk-in centre and upgrades to Calvary Public Hospital. We have built new schools, expanded existing schools and made essential upgrades to meet the needs of Yerrabi’s growing community. Thanks to this record, every student across Canberra will be able to learn at a great public local school.
With the delivery of light rail stage 1, we have improved our public transport system and made it easier across Gungahlin to commute. In working with Yerrabi community members, I am proud to have delivered on the commitments I have made to them. I have delivered a new community park for Giralang and more green spaces in the Gungahlin town centre. We have made progress on the Giralang shops, although it is a mission not yet finished and one I have not given up on. We have undertaken planning for a new community and arts centre for Gungahlin, conducted an important inquiry into building quality, which has impacted so many people across my electorate, and introduced Canberra’s first ever re-usable coffee cup scheme, which continues to divert waste from landfill and help us reduce our impact on our local environment.
I am proud to have delivered all of these by working together with my community to make a difference for everyone. In addition to serving as a member for Yerrabi, it has, of course, been my great honour to serve as a minister in the ACT government—for one year and a day, to be exact. As Minister for Disability I am grateful to all of the peak organisations and people living with a disability whom I have had the privilege of working with. Most recently, overseeing the delivery of the ACT’s COVID-19 disability strategy has been an important part of my responsibilities. The strategy is a living document that will continue responding to the emerging needs of people living with a disability by providing targeted communication and necessary supports through a coordinated approach.
As the Minister for Community Services and Facilities I would like to convey my heartfelt thanks and appreciation to all of the carers, volunteers and community service providers across the ACT for the vital support and contributions they provide to the Canberra community. I would like to thank them for the work they have done during this difficult time to make sure that every Canberran feels connected, valued and included. As Minister for Employment and Workplace Safety, I would like to thank WorkSafe ACT, unions and industry representatives for coming together to improve workplace safety in the ACT. There is still much more work we need to do to protect Canberrans; however, our government will continue to take strong action to protect Canberrans from harm at work.
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As Minister for Government Services and Procurement, I am incredibly proud of the continuity of government services and government activity achieved as part of the ACT government’s response to the public health emergency—in particular, the successful transition to having a significant portion of the ACT public service operate remotely. I would like to thank all of the ACT public service staff who have supported me and my office. I recognise their tireless work in supporting the government to serve the people of the ACT. I would also like to thank the members of the Disability Reference Group, the Secure Local Jobs Code Advisory Council, the Work, Health and Safety Council and the Government Procurement Board for their ongoing advice to me in my relevant portfolios and for representing their industries and members.
I would like to thank my staff for their ongoing hard work and support. I said at the beginning of the day that I was going to wing this speech, and an hour ago Patrick put a copy of a written speech in front of me and said, “Do not forget anything.” So I would like to take a moment to thank Patrick for always being there. He has been with me since the start. I also thank Natalie Duthie and Sariel, who we have a few names for—the public service still does not know quite what to call her—and Ryan, Dave, Ciara, Martin and everyone. I also send a shout-out to our other David and Grace, who were here at the start but have moved on to other jobs.
I also send a big thankyou to all of the Assembly support staff, particularly in those early days, when we were all a bit new and did not quite know what we were doing. We were told, “You now have an office budget to manage and this is how you do it.” It has been a long ride. I thank all the committee staff and the committee secretaries I have worked with. It is a long line, but they have all been fantastic and wonderful. I thank all of my colleagues in the Assembly too. Working on committees you get to know people. Caroline, I will miss you and I will miss talking about planning with you. It has been a joy.
I just thank everyone. It has been great. Being a newer member of the Assembly, it has been fantastic to learn with so many new people. Even though we come from different sides of politics, the support has been fantastic. I think it is fair to say that whatever the theatrics may or may not be in the Assembly—sorry, Mr Parton— outside of the Assembly chamber we actually all get along quite well.
MR WALL (Brindabella) (7.25): I begin by putting on the record again my heartfelt thanks to the people of Brindabella for giving me this privilege to represent them over the last four years. I was overwhelmed by the level of support that I received from the electorate at the last election, receiving the highest vote there. I know that no-one voted for me to be in opposition and that was something I did struggle to reconcile for quite some time, feeling that I had let thousands of people down by being on the opposition benches again. To those people who have supported me and the Liberal team in Brindabella in the past, I hope that we have not let you down over the past four years and that you will continue to support us into this next election and bring about the change that so many of you hope to see.
I also thank the members of the Liberal Party, particularly the Brindabella branch, who do a great deal of the thankless and unseen tasks that go into supporting us, as
2302 Legislative Assembly for the ACT 27 August 2020 members of the Assembly, and getting us here. The work that we do is not possible without the time that you give to the cause.
Opposition certainly has its ups and downs, from the work we do on committees to the issues that we often battle out in here. One of the more interesting times this term for me—and I do not recommend anyone else try this—was chairing an estimates committee when all of your staff go down sick and you have a four-week-old baby at home. Not the wisest choice I have ever made, but you do live and learn!
It is probably right here to again pay tribute to Steve Doszpot, who, when I first joined the party, was my local member and then became a great friend and colleague in this place. He continues to be missed to this day.
I have had the humbling opportunity to represent my colleagues as the party whip over the last four years. At times it is an interesting challenge, taking what can be sometimes unreasonable expectations into negotiation with the government. That is second only to having to come and broker the unreasonable expectations of the government back to you.
I must say, though, that the role of whip has certainly helped me forge some interesting relationships. Certainly, Madam Speaker, you and I have grown a little fonder of each other than we once were. At least we can talk when we are at a shopping centre these days, which is a far cry from where we were four years ago. Likewise, Mr Rattenbury, I must admit, despite our probably not agreeing on much in politics, you are probably one of the few people I would be happy to sit down and have a beer with one day. We do get on, on a certain level.
The person I have had the most to do with in my role as whip has been Ms Cheyne. I must say thank you for what have been the fun and games we have often had to deal with as we have sought to make sure that this place operates effectively. I also acknowledge the work that Nick in your office has done in often brokering pairs at very short notice.
To my staff, those that have been with me through this term, Sally, Jenna, Brandon, Felicity, Tommy, Michael, Kerry-Ann and Laura, thank you for the work that you have done to contribute to the office over the term. Likewise to my current team of Jack, Jess, Brendan, and Julie, thank you. As well, I need to pay special tribute to Kate Davis, who has been with me since the very beginning and has been by my side at every step of what I have done in the Assembly. It is often a commitment that she makes to me at her own personal detriment and I am dearly grateful for what she sacrifices not just to help me succeed in my career but also for the Liberal cause.
None of this, though, is possible without the support of my family. I know a number of us have touched on that support. As I mentioned before, there was a new addition to my family this term. We are now a family of four, with Piper and Sophia, and Christine bearing the biggest brunt of raising those girls in what is often the absence that we have from family. I thank you, Christine, for everything that you have done in standing by me as I continue this harebrained idea of a political career.
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I will, in the remaining time, pay tribute to Vicki. I first got to know Vicki not as Mrs Dunne or a member of the Assembly but just as Tom’s mum. Tom, her eldest son, and I were in the same year at school together. Tom and I were on the ski team and when Vicki got elected I just knew that Tom’s mum had run for some election and, big deal, life went on. But as I got into the workforce, joined the party and then got to know Vicki, she has gone from being Tom’s mum to a great friend and someone whom I consider a great mentor. She is going to be dearly missed by all of us, particularly me. She has provided unwavering guidance to me as whip, with her uncanny knowledge of our standing orders.
Likewise, thank you to Caroline. We have not had a great deal to do with each other this term but the occasional conversations have been valued and you will be missed.
MS STEPHEN-SMITH (Kurrajong—Minister for Aboriginal and Torres Strait Islander Affairs, Minister for Children, Youth and Families and Minister for Health) (7.30): I start this end of term speech with an acknowledgement of Mrs Dunne and Ms Le Couteur. Like the Chief Minister, there are a lot of things that Mrs Dunne and I are going to disagree on, but she has indeed stood firm and strong in representing her views and her beliefs throughout her time in the Assembly. There is indeed, as everyone has said, no doubt what Mrs Dunne stands for. I also acknowledge that she has represented the people of her electorate strongly as well. She has been a real advocate for individuals in her electorate, as well as on the issues that are being raised with her.
Ms Le Couteur reminds me of my mum, who was a Greens councillor on the Huon Valley Council in Tasmania. She is a little older than Ms Le Couteur, but when Ms Le Couteur spoke so movingly of the passing of Deb Foskey I was absolutely reminded of the commitment of women in our community who want to make a difference in the world, who care about the environment and care about their local community and sit down and listen to what people on the ground are experiencing and then come in and, with no filter sometimes, speak from the heart about the change that they want to see in the world. And that is Ms Le Couteur. You will be missed. Again, we do not agree on everything, but I know that every time that you open your mouth you are trying to make a positive difference for your community. I thank you for that.
While I had the honour of going straight into the ministry when I was elected in 2016 and I have not sat on committees with other members of the Assembly, I have had the opportunity of seeing both Mrs Dunne and Ms Le Couteur on the health and community services committee, not only in public hearings but in private, in-camera, hearings, where there are some very difficult conversations about very difficult issues. Everyone is human in those conversations and everybody shares the same objective of making life in Canberra better for some of the most vulnerable people in our community. I have seen that in both Mrs Dunne and Ms Le Couteur in those opportunities.
More broadly, I thank everybody in the chamber. I reflect on Ms Le Couteur’s comments about the state of the world. Sometimes I, too, despair about the state of the wider world. But that is why local politics is so good—not the politics part but the
2304 Legislative Assembly for the ACT 27 August 2020 opportunity to make a difference to the members of your own community and to see that difference on the ground, one person, one family, one neighbourhood at a time.
I thank the voters of Kurrajong for electing me in 2016. It has been an absolute privilege to serve and I hope that they will see fit to return me to the Assembly. The electorate is certainly my home and I love representing it.
To all the public servants that I have worked with over the last four years, far too many to mention by name, thank you. We always talk about the frontline workers. Health obviously has been talked about a lot over the last few months. I then always talk about child protection and youth justice workers. But across the board our public servants have absolutely stepped up this year. That includes the DLOs that have worked in my office: Ella, Chadia, Chris, Angie, Alex and Karen.
I also acknowledge our non-government and community partners, those who push us to keep making our systems better right across the board, the consumers who provide their feedback and the carers as well. To the staff of the Legislative Assembly who enable us to do our jobs here, thank you so much.
To my own staff, Johnny, Ash, Caitlin, Tim and Ben, who I acknowledged last year and who have stayed with me all year, I have been incredibly lucky to have a stable staff. To Cath, who joined my office at the end of last year, thank you. “Come to the ACT government,” we said. “We have family friendly hours,” as she walked into bushfire smoke and pandemic. Thank you, Cath; you have been an absolute rock.
To Mel James and the team at party office, thank you. I thanked Mel very inarticulately last year as she left as my chief of staff. Now I thank her as the new party secretary. She stepped into a very difficult role this year and has handled it amazingly. Thank you to the Labor Party members and those across the labour movement, the unions who stand up for workers across our economy and community every day and who do not hesitate to hold us to account.
To my colleagues and former colleagues, Meegan, Joy, Yvette, Mick, Gordon, Chris, Suzanne, Beck, Michael, Tara and Deepak, thank you. Most of all, to the Chief Minister, who has had such faith in me and has supported me in the roles that he has given me, thank you very much. You are an amazing leader and I hope that you are returned as Chief Minister.
MR RATTENBURY (Kurrajong) (7.35): The end of term is a funny time, and it is a point of reflection. It feels like the term started both yesterday and a lifetime ago. At the end of term we tend to reflect on the things we did, the things that we did not get around to doing and the things that we might have done differently. I think that is an interesting moment as well, when one goes into an election campaign where you are trying to come back to this place. It is a point where we probably seek to renew ourselves a little bit and focus on what we want to do in the next term.
In the Greens we tend to talk about ourselves as being unapologetically ambitious. We have this broad, connected agenda. There is always more to do, and it makes us restless and impatient. Coming from an activist background—almost all of us, to a
2305 27 August 2020 Legislative Assembly for the ACT person—many of us have been arrested and many of us have been in a lot of protests and bailed friends out of jail. You bring this certain mongrel to it, and I think that is always understood by everybody else. You will forgive us sometimes for the way we conduct ourselves because it is how we were trained.
It is a privilege to have this role. It is great to be able to come here and try to get things done for the community, try to get things done for the party members and the people who voted for us. That is also very challenging because sometimes there is so much expectation that comes with being here on behalf of those communities. That in itself can be a very challenging thing. It is something that I am very grateful to do. That is why I put my hand up to do it again. I hope to see many of you back here next term as we continue to bring to this place our vision for this city that we all call home. I think that, to a person, we all think it is a great city; we just have some slightly different views on what is great about it.
I want to use this moment as it is the one chance we get each term to say thank you. I do have a bit of a list. I would like to thank the staff of the Legislative Assembly. As a former Speaker, I have some insight into the real machinations that go on behind the scenes. Between your professionalism and your friendliness, you make this place a great place to work.
With respect to the directorates, I have been fortunate this term to hold the same portfolios right through the term, so you actually get to know people quite well. The tremendous support they provide to us, the feedback they give, the research and the hard work they put in so that the minister can come out and represent things, are things I am always really grateful for. It is hard to work out how to say it to them because they are trying to maintain a professional distance as public servants, but I am always very grateful to them.
I would like to acknowledge my ministerial colleagues, the members of the Labor Party, and particularly the Chief Minister and his staff. We have this relationship that a lot of people do not understand. I thought about it. I thought, “Should I describe it as an arranged marriage?” I have now! I think it is kind of accurate because you sometimes think, “I’m not really sure about this,” but actually we manage to make it work very well. I think we have found a way to operate together that is effective. We push each other and sometimes it is uncomfortable, but mostly I think we have done a good job for Canberra. I thank you for that partnership that I think has delivered for us.
With respect to the DLOs, it is an interesting role, being a DLO. You are in the public service but you sit in the minister’s office. They do a great job. I have had a bit of a run in this term. I say to Sam, Morgan, Elizabeth, Vanessa and Andrew from JACS; Karen, Cathy, Jon, Chadia, Chris, Alex and Angeline from Health, Kim and Karley over at EPSDD, and Gez and Kim over at Access, you have all been terrific and have really helped us to do our jobs as well as possible.
I spoke before at some length about Caroline, and I do not intend to repeat any of that. It is perhaps better that I do not. I say to Caroline and her staff that it has been great. As we said earlier, Caroline, we will miss you. I particularly thank you and your team. You have been a lot of fun to work with.
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We have had some great volunteers this term—Melissa, who also brings the home-grown free-range eggs every week, and Anthony. Of course, there are my staff—those who have left and those who are still with us. I thank Christian, Fiona, Hal, Jarrah and Jarrah. It is an unusual name; we had a male and a female Jarrah with us this term. We also had two Lisas. I thank Lisa and Lisa. I thank John, Anna, Sandra, Matt and the one and only indomitable Indra, who so many people know because of her corporate knowledge, her fierce determination and her drive. She is quite a figure in this place, and probably one of the well-known figures who is not one of the members of the Assembly. I cannot imagine where this party would be without Indra.
I would like to finish by thanking my stunning and rock-solid partner, Louise, who puts up with it all, as all of our partners do. We are very grateful to all of them for it.
I wish everybody luck in the election. We will all see how it goes in eight weeks time. However it turns out, we will all have done our best.
MR COE (Yerrabi—Leader of the Opposition) (7.40): It has, of course, been an honour to lead the Canberra Liberals in the ACT Legislative Assembly. The Canberra Liberals are a strong team with diverse experience and different perspectives but a common purpose and a joint philosophy.
At times politics can be a lonely journey. You never know what is going to happen tomorrow. You never know what the next person who enters your office is going to say, and you never know what that call at 6.15 am really has in store when you answer it.
Some people have said that being the Leader of the Opposition is the toughest job in politics. I am not sure; I have only been on this side. But in my experience it has been the toughest job in my 12 years in this place. It has been rewarding, but it is tough; there is no doubt about that. I have enjoyed it, but I have a feeling I would enjoy the other side a bit more. It has been a rewarding time. They say you can achieve in a day in government what you can do in a term in opposition. It is slow going on this side, and I am looking forward to the seven weeks ahead.
To the team in my office, I want to thank them for their steadfast loyalty, their good humour, their expertise, their professionalism and their commitment. It really is a wonderful team. They support me, they support the cause and they support everyone in the corridor. To Steve, David, Deborah, Ausilia, Emily, Sarah, Elysse, Ollie and Jol, thank you so much for all that you do to support me and to support our democracy.
It has been a privilege to represent Yerrabi for the last four years. I changed electorates in a way, albeit pretty much staying in the same spot. For the previous eight years I was in Ginninderra with Vicki. As I touched on earlier, the work of a local member is always humbling, always rewarding and always something that is a good anchor and a good platform from which everything else should launch. It has been great to be there with my colleague James Milligan, who is absolutely dedicated to all things Yerrabi. He is a great person to be walking alongside.
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I thank my colleagues, particularly Nicole; thank you for your advice, support and friendship. It is very much appreciated. I thank Andrew, Mark, James, Giulia, Jeremy, Elizabeth, Candice, Elizabeth, Vicki, and of course our late colleague Steve Doszpot.
I thank those in the wonderful committee office—in particular, Brian, Annemieke and Andréa. I thank the wonderful Clerk’s office, the wonderful attendants, who always give us such a warm greeting, the underrated library and Hansard team, education, IT, HR and all of the other areas. I thank the PCO, the unsung heroes of this place. I thank all of the cleaners, especially, of late, Femi, who is always so warm when he comes by.
To Yasmin, Angus and Annabel, thank you for putting up with me. I thank my parents and parents-in-law. It is a team effort; I am out a fair bit. It is wonderful knowing that they are just as motivated and dedicated as I am to this cause. It is not forever. Politics cannot be forever, but when you are in it, you play hard.
We have a wonderful opportunity in 50 days time. There is a clear path to victory for the Canberra Liberals. It is tough—it is always tough—but it is very achievable. We are pleased to have Josh and John in the party, and all of the wonderful branches, including Yerrabi, who support us. On 17 October, every vote matters—every vote in every electorate. We will be doing everything we can to hoover up every last one of them. Canberra needs us to do well. Canberra needs a change of government and we can make that happen.
MRS KIKKERT (Ginninderra) (7.46): I first want to thank the residents of the Ginninderra electorate. Four years ago they made me their representative in this place and in doing so they gave me an implicit charge to make sure that their concerns, their hopes and their ideas would be heard. I was deeply honoured to be given this responsibility by the people of Belconnen, and my gratitude for their trust has only grown. My desire to live up to that trust has guided every word I have spoken, every motion I have moved, every petition I have tabled, every question I have asked and every letter I have written on their behalf.
I rise as well to thank my family. When I became a member of this Assembly, in many ways it turned our established routines upside down and sometimes inside out. My devoted husband has been my rock, and I am grateful for the individual sacrifices that each of my five children has made. I doubt they fully understood back in 2016 that helping mum deliver campaign flyers before school on frosty mornings would be just the beginning of their contributions.
I, likewise, thank the staff who keep this place running. I am grateful for the support provided to the committees I have served on, for the attendants, the librarians, those in the Hansard office, those in chamber support and so on. Their competence and cheerfulness have certainly made taking on this role much easier than it otherwise would have been.
I thank my own staff as well—Brett, Sylvia, Joe and Tahi. Their unwavering loyalty has strengthened me. Their collective talents have made the impossible somehow
2308 Legislative Assembly for the ACT 27 August 2020 possible and their hard work and big hearts have more than compensated for their lack of political experience before I asked them to come and help me serve the people of Belconnen. Just last Friday one of them spoke with an older resident who did not have heating. On his way home from the office he dropped off the electric heater he has been using to keep himself warm in our office, because it is very cold.
I am very grateful that Canberrans know my office is a safe and effective place to seek help. Over the past four years I have spoken with hundreds of ACT residents who are desperate for assistance. I have listened to them and cried with them many, many times. I have personally delivered food and other necessities to their homes, and I have done my very best to seek redress from this government. I sincerely wish to thank each minister who has responded to my representations with respect and genuine concern. Together we have been able to help dozens of families and individuals.
Lastly, I thank my Liberal colleagues. It has been a pleasure to be part of such a diverse, capable and genuinely amazing team. Their love of this city and their commitment to the wellbeing of all Canberrans are unmatchable. I thank them for mentoring me and respecting me as an individual who is just growing and learning so much from them.
I am grateful for the unified leadership of the opposition leader, Alistair Coe, and deputy leader, Nicole Lawder, and for the passion and capacity of my fellow Liberal MLAs: Jeremy, Giulia, Vicki, Elizabeth, James, Mark and Candice. The groundswell of support from the everyday Canberrans whom I meet each week has made this a very good time to be one of the Canberra Liberals.
It is with both sadness and deep fondness that I take this opportunity to bid farewell to Vicki Dunne. It has been a privilege to serve alongside Vicki in the Ginninderra electorate. I have loved our mobile offices together and our community barbecues. To me, she is an angel dressed up as a politician on earth. She is a skilful politician, an ardent advocate for the territory’s most vulnerable, a mentor, an example and a dear friend. Whilst our personal association will continue, her absence from this place will be acutely felt.
Lastly, I sincerely wish those opposite all the best for the campaign season. We look forward to having a robust opposition to keep a Liberal government laser-focused on what the people of this territory need most.
MS BERRY (Ginninderra—Deputy Chief Minister, Minister for Education and Early Childhood Development, Minister for Housing and Suburban Development, Minister for the Prevention of Domestic and Family Violence, Minister for Sport and Recreation and Minister for Women) (7.51): I begin by thanking my friends, and my neighbours in the electorate of Ginninderra who bring my bins in and mow my lawns when it just gets beyond my ability. To all of the residents in Ginninderra, I have been so happy to represent you in this place.
To all the staff in my office over the last four years—Josh, Steve, Tom, Jess, Grace, Bec, Megs, Karen, Angie, Jared, Gabriella, Abby and especially Brooke—you have
2309 27 August 2020 Legislative Assembly for the ACT all been amazing. The workload you have carried over these last four years and particularly this year has been significant. Through your kindness and support for me during work but also when things were not always so great in my personal life, you lifted me more than you will ever know—thank you all so much for your support.
Thank you to the department liaison officers, our link to the directorates we work with—Amy, Blake, Kate, Karley, Alyssa, Ella, and many more. Ash, I know this was your last question time today and your last sitting, and we will miss you dearly. We will miss you singing Angels in the hallway and we will miss your stories and good jokes. We have thoroughly enjoyed your company in my office.
To all the ACT government public servants but especially those that I have worked most closely with in my portfolios, thank you for your patience. We have done incredible things over the last four years and I want to thank you and acknowledge the hard work you have all done.
All the teachers and early childhood educators, you all rock every day, but especially this year, which has been an incredibly challenging one. To the women’s sector, homelessness services, sports organisations, and the domestic violence crisis services, all of you have been absolutely amazing to work with. I have been so proud to be able to work alongside you.
To all the unions—United Workers, CPSU, CFMEU and AEU—it has not always been laughs, but it has been an interesting ride together. Thank you for your robust representations for your members.
Thank you to all my Assembly Labor Party colleagues. Andrew Barr has been a fantastic leader for all of us and we look forward to working with him to bring the Labor team back to the ACT government.
Thank you to the opposition members, but particularly Giulia and Mark, I do not know how it has happened but I have somehow formed more than just a colleague relationship with you both. I have appreciated the honesty and thoughtfulness you have both come to me with when things have not been so great in my own life.
I also say a big shout-out to the invisible workers. To all of Canberra’s cleaners, you are so important right now and you are so recognised for everything you have done to keep us all safe this year. Thank you all so much; you are much loved.
To Tom and all the Office of the Legislative Assembly team, to all the attendants, thank you for your warm smiles and welcomes into the Assembly building. It is a lovely way to start the day with all of your lovely smiling faces.
To everybody in this place, I sincerely wish you all the very best of luck. Democracy is about opposing views and it is an important time of the year for everybody to be engaged in that. Australia is very lucky that we all get to have that vote, and I know everybody here works very hard to represent their constituents in this place every day. I look forward to seeing you out on the campaign trail and I really do wish you all the best.
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To all of Canberra now, I want to say to all of you that this has been an incredibly tough year for everyone. I acknowledge the hard work that everybody has done. We have all stuck together incredibly well. We have stayed strong. I want to pass on my thoughts and wishes to everybody in what has been a difficult year. I particularly want to say that to the students and young people across our school system who have found it particularly challenging. They have worked so hard and I wish them all the best. My message to them is that they will all be okay and things will get better from here. There is so much to look forward to.
Thank you all again. Good luck, and have a great election campaign. See you all back here soon.
MISS C BURCH (Kurrajong) (7.56):
Government has a duty to ensure that ACT taxpayers are receiving value for money, and at the moment we are not. In fact, it often seems that ACT taxpayers are receiving far less value for money than any other state or territory.
In our schools we are spending more per student than most other states, yet our NAPLAN results are worse than similar schools in similar areas. In our hospitals we are spending more per person than any other jurisdiction, yet our emergency waiting times remain second worst in the country. In our prisons we are spending 50 per cent more per inmate per day than the national average. In homelessness services we are spending more per person than all other states— and territories—
yet last year a third of people seeking services were turned away.
If these words sound familiar that is because I spoke them 926 days ago in this place, when I was privileged to give my inaugural speech. Disappointingly, they ring just as true today as they did then. You could have been mistaken, Madam Speaker, for expecting that a government that just loves to throw around words like “progressive” and “nation-leading” may have actually tried to achieve something in the past 2½ years. Disappointingly, they have not. Disappointingly, those opposite have made it worse.
Our education system is still the most expensive per capita in the country, and our children’s results have not improved. Our health system is still among the most expensive but our hospital waiting times have now become the worst in the country. Our doctors are being chronically underpaid, and endemic cultural issues within our public health system remain.
We have fewer police per capita than we did in 2018, and our jail is at capacity. The ACT has the highest proportion of lower income families paying more than 30 per cent of their income on housing. We now have the highest median rents in the country and among the least affordable land to purchase. The number of Canberrans living on the poverty line has grown to over 36,000 and we have the highest rate of repeat homelessness in Australia.
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Our roads and footpaths have deteriorated. Our tree canopy has been reduced by 30 per cent. School buses have been cut, and the overall satisfaction with our public transport network has hit a three-year low.
The government continues to bring in record revenue. Yet they have sunk us into $4 billion worth of debt, with absolutely no plan to pay it off. Residential rates bills have almost doubled and rates revenue has almost tripled since Andrew Barr became Treasurer. Despite his promises, stamp duty is yet to be abolished. As if that were not bad enough, just today he has announced further rates increases of 20 per cent.
This old and tired Labor-Greens government continues to let Canberrans down every single day. Canberra deserves better. In less than two months, I am confident, Canberrans will vote for better and elect a Canberra Liberal government.
It is with heavy hearts today that we farewell Mrs Dunne. The party room will most certainly miss her wit, wisdom and wealth of knowledge. Vicki, you said earlier that you owe an awful lot to the Liberal Party, but I know that I can speak on behalf of party members when I say that the Canberra Liberals owe an awful lot to you and an awful lot to Lyle. You have both made an enormous contribution to our great party over many decades now and you continue to do so through this election campaign. For that, we are forever grateful.
Caroline, we have a shared passion for public transport and Canberra’s public transport network. However, I am sorry to say that we never did manage to get your vote. I do, however, wish you all the best in whatever you choose to do next.
I would like to thank everyone who has helped me over this term, including all of my current and former staff: James, Georgia, Isaac, Lizzie, Samuel, James, Adam, Nicola, Chanelle, Elizabeth, Max and Liam—there have been a few of them. To all of the staff at our divisional office, who help and support us to do our jobs, thank you—Josh, Tamara, Amanda, Yasmina and Max in particular.
Thanks to Steve, Deb, Ausilia and the rest of the Coe team for all that you do to support us every day; to my many dedicated, committed friends and volunteers, including Duncan, Adam, Jen, Lauren, Steve, Nathan, Johnno, Gareth, Alex, Adam, Gracie, Mary, Simon, Mehmet, Ian, Alyssa, Steve, Luke, Jade, Alessia, Jackie, Andrew, Ellen and Rob for all that you continue to do; and to the many other Canberra Liberal Party members who are working tirelessly to end this government’s reign.
I thank all of the Legislative Assembly staff, who go above and beyond to help us and serve our community by facilitating democracy.
Finally, to all of my party room colleagues, I certainly never imagined that I would regularly be leaving party room meetings with sore ribs from laughing so hard. Opposition may be absolutely rubbish but you guys have made it bearable.
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MS CHEYNE (Ginninderra) (8.01): In my first speech I promised to be committed, available and accessible, to be energetic and hardworking and to get things done. It is for others to judge these things in the coming weeks, but I can promise that I have not taken a day for granted.
In that inaugural speech I spoke with pride about issues I had championed and was excited to get done: kerbside bulky waste pick-up, green bins, the completion of the Belconnen Arts Centre and the implementation of ideas in the Belconnen town centre master plan, like the Belco bikeway. There is now a firm tick against each of these.
But that was just the beginning. From bins and bags at Palmerville Heritage Park to the demolition of the old Bupa site in Aranda, small or large, these things have mattered and I am proud to have got them done.
Then there are the things that you cannot see or touch: the absolute elation when the poll on marriage equality came through and then when the legislation passed; the pride I felt at the graduations of people who I have supported to retrain in different professions; the feeling of camaraderie and hard work over the hours on the barbecue at a school fete or at Bunnings, or with the Belconnen Lions; the trust people have given me with their stories, some deeply personal and confronting; the honour I have had to speak in this place about the achievements of constituents and community groups; and the special privilege to place on the territory’s permanent record the contributions of people who have died, many my friends.
Not many people become whip with no parliamentary experience. I have been very lucky to be in the company of other whips and a Speaker who work collegiately. To Mr Wall, and Kate Davis: we have an understanding and appreciation of each other in this role that I cannot quite put into words.
In four years I have had a stint on 13 committees. I finish in this place on five and have been deputy chair of six and chair of two. The numbers do not speak for what has been achieved across all of those. I thank everyone I have worked with, especially all those behind the scenes.
In this chamber I have spoken about issues I deeply care about. I certainly did not expect to make national news about having an STI a decade ago. There is no shame in being honest about sexual health. I reiterate now just how important sexual health is. It meant a great deal to me that the very first piece of legislation I introduced, and had passed unanimously, meant so much to so many families.
I am proud that in this term we have spoken more about territory rights and voluntary assisted dying than ever before. I will continue to back this 100 per cent because I know how much it means to Canberrans. And we will make it mean something to those federal parliamentarians too.
To Mrs Dunne and to Ms Le Couteur, I will genuinely miss you, however frustrated I have been at times. We have spent a lot of time together and I have got to know you well and deeply respect you both. This place just will not be the same without you.
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To my incredible staff, Jemma, Emma and Nick, thank you for being my friends, my confidants and just so very capable at getting things done. I am also so grateful for the many volunteers. My special thanks go to Carolyn Kidd for her friendship, her belief in me and her time.
To the Assembly staff, you do so much. I know I am very annoying. This year especially you have had to pivot several times, not just for me but with the pandemic. Thank you for constantly making things happen smoothly and to you all for your cheer and your kindness.
To every single person in the ACT government, thank you sincerely for the work that you do every single day—and a special shout-out to the crew at TCCS, including at the Belconnen depot, who I spent some time with, including working alongside and understanding what you do.
To my friends and family, how lucky I am to have you. Thank you for having my back every single step of the way. To the people of Ginninderra, you are just the most generous bunch around. It has been such a privilege to bring your stories and your voices with me every day to this Assembly.
I do have unfinished business. There is so much more that I want to achieve, together with my Labor colleagues—the most committed, progressive people I have been humbled to spend four years with. But, whatever happens, the last four years have been an absolute honour and I am grateful for every single day.
MR HANSON (Murrumbidgee) (8.06): I must say, it was not a great start to this term. We had just lost an election and I got dumped as leader. Anyway, it can’t get any worse than that, can it? Then poor old Steve got diagnosed with terminal cancer. It was not a great start. But what that did enable me to do was have time to do things like spend time with Steve in those last few months, which was, I must, say very inspiring. It helped me to stop feeling sorry for myself and refocus on what really matters in life. I think that that process culminated in that great trivia night that we had, that many of you from all sides attended, where we raised $45,000 for the Cancer Council.
Certainly the whole process revitalised me. In many ways, it was not just about politics but about life in general, about spending time with family, with friends, what really matters, reconnecting with a whole bunch of things that, as Mr Coe has probably found over the last four years, are difficult to stay in touch with. I am sure it is the case with ministers as well, as you get consumed by this place. Things are looking up. I certainly am revitalised and I am looking forward to working hard over the next six or seven weeks to achieve a Liberal victory. We shall see.
To my colleagues Caroline Le Couteur and Vicki Dunne, farewell. These are two women who are true believers in their cause, at either end of the political spectrum, it is fair to say, but they share this desire to make the world a better place, particularly for the downtrodden. They are both committed to that. Caroline, I will miss busking out on the hustings. We would sing Bob Dylan songs together, when we stole some poor busker’s guitar. We made him $40, though; so he should not complain.
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Vicki, if you saw her last week when she was talking about the wage theft from the hospital and the poor doctors and Mr Rattenbury interjected, as he often does, he wound her up into full flight—Vicki Dunne in full flight in this place, with all her passion, her knowledge and her great parliamentary performance—you saw what we are going to miss about Vicki.
To my adversary over there, Gordon Ramsay: 50 bills! All I would say is that you had a whole department to manage 50 bills. I have got the very hardworking Ian Hagan, and he has had to do a lot of work. He has got to read through all those bits of legislation, consult on them and form a position. I would like to say that it has been made easier by the cooperative relationship that we have had at our level. I know that Ian has enjoyed that with your staff. I think that the collaboration that we have had has been a good one. We have had some barneys. Consorting laws was one. No doubt you will vote against them when we are in government.
The other issue that has been good one is the veterans. As I have spoken about before, I am very happy with where we are at now as a community in servicing and looking after our veterans in this town. I think it is a good thing that has been achieved by this Assembly.
Jess, in my office, is a bit disappointed because as my kids have grown older there is less babysitting for her to do, which is how she was able to afford a house. Jess has stuck on. She has now worked for more than a third of her life in my office. Maybe she is hoping for grandchildren or something that she can babysit in the future.
I have also enjoyed really good collaboration with the Jones office this term, with Giulia and her staff: Liam Develin, who is a great guy, Elli and Dan. I think that it is an unusual thing in here, Clerk, for members to work as collaboratively as Giulia and I do. It has been a real delight, I would have to say.
To my committee secretary, Hamish Finlay, who has now gone overseas, and the fellow members of my committee, thank you. We have achieved some good stuff. I think particularly of the building quality report. I have enjoyed those corridor conversations with Mr Pettersson that he talked about.
To my colleagues, thank you for all your comradeship. I look forward to rejoining you, on the other side, in but a few weeks time. Madam Speaker, I know you have enjoyed the time that we have spent together over the last four years. To you, the Clerk and all the staff, thank you very much for everything that you do.
Most importantly, thank you to my family for their support. To the great people of Murrumbidgee, thank you very much for the continued honour, which I hope will come in a few weeks time, to continue advocating and working on your behalf.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry, and Investment) (8.11): Thank you to everyone for their very thoughtful contributions in this adjournment debate. I am struck by the shared and collective passions that
2315 27 August 2020 Legislative Assembly for the ACT people bring to this place and the fact that our families and our supporters are so important to all of us, regardless of which side of politics we represent. In listening to the speeches tonight, if you were from another planet you might think that we were talking about two very different cities. But we are, what, seven weeks from the festival of democracy, so it is to be expected.
I thank all my colleagues for their very strong support during this parliamentary term. I found something in Mr Coe’s speech that I agree with. This is and can be a very lonely job and you are only as good in these roles as the people around you, the support that they provide, the advice that they give you—good, bad and indifferent— the sharp poke in the ribs when you need it. I particularly acknowledge and thank all my Labor colleagues for that support, for that reassurance and for, whenever I pose the questions that I regularly do to you all, your frank and fearless advice on those matters. It has been a real pleasure to work with you all this term.
I also thank all the Labor staff. I am sure it is true across all political parties, but we are only ever as good as our staff. They are the ones who do hours and hours of tireless work behind the scenes to support our cause and what we are seeking to do for our community. I thank each and every one of them across my office and across every Labor member’s office. I acknowledge that across other political parties. We have reflected on and people have named and spoken about their staff and how important they are. That is very true and worthy of acknowledgement at the end of a four-year term.
I thank Minister Rattenbury and Ms Le Couteur for their constructive work as signatories to an ambitious and successful parliamentary agreement and for their commitment to their constituents. But I have to say, Mr Rattenbury, that I am not sure about the arranged marriage analogy. I prefer to think of us as allies. A good ally is someone who knows how to speak, how to be heard but also how to listen. I think that has been the basis of our success as allies in government for this city.
I acknowledge the work of colleagues across the chamber. We do not often agree. Nevertheless, you all dedicate yourselves to serving your constituents and the people who vote for you, just as we do on our side. I do reflect on and acknowledge the wonderful democracy that we have in this city. Often this parliament is disparaged but I think, head to head, given that there are only 25 of us, we get through a volume of work. The contributions that are made by individuals in this place, across all political parties, are equal to and often much better than the representation in other parliaments around this country. We should be proud of the work that we do.
The upcoming election will of course be significant in charting our city’s course through the pandemic and through our recovery. I am looking forward to the campaign. I hope this place continues to be served by passionate and hardworking representatives who will serve with our city’s best interests at heart.
I thank the hardworking Canberrans across the ACT public service and all the staff here in the Assembly for ensuring that our parliament continues to run so effectively. I thank all my staff for all their hard work during this term and all Canberrans for their perseverance in what has been an incredibly difficult year.
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To my niece and nephew, Zoe and Angus, who have seen more of me on TV than they do in person, I certainly hope to spend more time with you, maybe not during the campaign but immediately after. Thank you, Madam Speaker, and thank you, everyone, for a very constructive four years in this parliament.
MADAM SPEAKER (Ms Burch) (8.16): I start by thanking the Clerk, the Deputy Clerk and the OLA staff, both front of house and back of house. Our days would be much more chaotic, and we would be here until 10 o’clock most nights if we did not have OLA to support us.
To the good folk of Brindabella, I want to thank them for having faith in me over the last couple of terms. I will always keep on working for them on a variety of things— from knocking down the gazebo, getting on with the laneway projects—I refuse to call it anything else but the laneway projects—a STEM centre in Caroline Chisholm School, to even fixing a local storm drain. It is all important for our community.
I thank my staff, Mel and Emma, who have been with me since my first term. The Clerk put out a long and short of MLAs; I think we should have a second volume— the long and short of MLA staffers. Indra has been here since the first term of the class of 2008, and so have Mel and Emma. I want to thank James, Frances, Eliza, Lauren and Tom.
Since 2008 I have had many roles—I have been on the backbench, I have been a whip, I have been Assistant Speaker, I have been a minister, I have been Deputy Speaker and I have been Speaker. I have enjoyed every role. One role I have never wished for and will never seek is sitting on that side of the chamber. I am just saying: I am going to do all I can over the next eight weeks to make sure that we get over the line, so to speak. It is character building. The other thing I will never do is start putting “O” on people’s names. I cannot imagine having a Burcho, a Gentlemano, a Barro or a Berryo; it just does not quite work.
A final thanks to my family. My husband and sons—Cam, Kain, Tom and Lloyd— have stood by me each and every day. Thanks to my grandsons—Hunter, Kade and Fletcher—and to the very newest addition in July this year, Loup Henry, who I have not yet seen because COVID prevents interstate visits. The sooner we can resolve that the happier I will be. My car is packed for 18 October, just in case you want to know. Quarantine—I do not care. I am getting there, all legally, members!
Just on COVID, I put my hand out and say a big thankyou to all the health workers, and whoever is involved in keeping our community safe and strong. We would not be where we are as Canberrans without them, so thank you for that.
I was speaking to my grandkids this afternoon and I asked them for funny words, what were their words. Kade offered “lemonade”, Fletcher offered “potato” and Hunter offered “peristalsis”, and I refuse to make a sentence out of those three words.
With that, I wish all my colleagues well. We will go out and contest the coming election with energy and conviction, as we always do. I end with a quote:
Build your life on your dreams, because dreams never have bad endings.
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MR GENTLEMAN (Brindabella—Manager of Government Business, Minister for Advanced Technology and Space Industries, Minister for the Environment and Heritage, Minister for Planning and Land Management, Minister for Police and Emergency Services and Minister for Urban Renewal) (8.20): It is an honour to rise as the last speaker of the Ninth Assembly. Thank you, first, to the good people of Brindabella for their support. Madam Speaker, over the past four years you and I have worked tirelessly for our constituents of Brindabella. Together we have made Tuggeranong an even better place to live. Our valley amongst the Brindabellas is truly a special part of the world.
We have upgraded roads, improved our town centre and waterways, invested in our sporting clubs and made our schools even better. We have achieved this while protecting and growing jobs. There is a clear choice—Labor, who stand by workers, or the Liberals, who cut and slash jobs. We just look at what the Liberals have done today—cutting jobs from the federal public service and hurting our city.
We cannot make our city the best place in Australia to live without the hard work of our public service. I have had the privilege of working with many of our public servants over the last four years. These people care deeply about our city and work tirelessly for every Canberran.
This year has been a year like no other and our public servants have ensured that we have remained safe. Whether it is on the front line—our doctors, nurses, paramedics, teachers, firefighters, police officers, rangers, ecologists, EPA officers—or working in less visible roles—our planners, administrative and policy staff—our public servants have made us all proud.
I want to thank all public servants, particularly those that work closely with me—staff in EPSDD, JACS, CMTEDD and Access Canberra. It has been a pleasure working with you all. I cannot mention all of you by name or some, like Ash, might feel a bit left out.
To our men and women in uniform—ACTAS, ACT Fire & Rescue and ACT Policing—thank you for being there for Canberrans in need. It has been an honour to be your minister. It is very important that these services have operational independence and a minister that respects and stands up for them.
To our volunteers—our Rural Fire Service and State Emergency Service—thank you. Without you we could not keep the city safe. Come what may, in October I will keep working hard to ensure that we keep investing in you and your equipment.
We also could not do our roles without the support of our Assembly attendants and staff. It has been a pleasure working with them, particularly in my role as Manager of Government Business.
Thank you to all of my staff over the last four years. We have achieved much in this time. Our record investment in ACT Policing, ACT Fire & Rescue, the ACT Ambulance Service, the Rural Fire Service and the SES would not have been possible without your efforts.
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The improvements to our planning system and the ongoing work to ensure that we keep building the best city in Australia in which to live and develop projects that enhance our natural environment have come about because of the passion and dedication of my team.
It has been a privilege to serve as a minister and a member for Brindabella. Each and every day I work hard to stand up for our workers and vulnerable people. This is what the Labor movement has taught me. I am proud of our union movement and proud of their work in supporting workers and those that need help.
Thanks to my colleagues on this side of the chamber for the work they have done to make Canberrans safe. You have done an amazing job.
I look forward to spending the time between now and October talking to south-siders, hoping to earn their trust to be elected again as their member.
I bid farewell to the Ninth Assembly and look forward to doing this all over again with you, Madam Speaker, in the Tenth.
Question resolved in the affirmative.
The Assembly adjourned at 8.24 pm until a date and time to be fixed.
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Schedules of amendments
Schedule 1
Public Interest Disclosure Amendment Bill 2020
Amendments moved by the Chief Minister 1 Clause 13 Proposed new section 18, definition of investigating entity, paragraph (a) Page 11, line 8— omit section 19 (2) (b) substitute section 19 (2) 2 Clause 13 Proposed new section 18, definition of investigating entity, paragraph (b) Page 11, line 11— omit section 19 (2) (b) substitute section 19 (2) 3 Clause 13 Proposed new section 19 (2) Page 11, line 20— omit proposed new section 19 (2), substitute (2) If the public interest disclosure relates to a public sector entity other than a Legislative Assembly entity, the integrity commissioner must investigate the disclosure or refer it to 1 of the following entities for investigation: (a) the head of a public sector entity; (b) the head of service; (c) the ombudsman; (d) the public sector standards commissioner. (2A) If the public interest disclosure relates to a Legislative Assembly entity, the integrity commissioner must investigate the disclosure. 4 Clause 13 Proposed new section 19A (2) (c) Page 12, line 25— omit section 19 (2) (b) substitute section 19 (2)
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5 Clause 43 Proposed new section 32 (1) (c) Page 24, line 23— insert (c) the way members of the Legislative Assembly are to deal with— (i) disclosures of disclosable conduct made under section 27 (Giving disclosure of disclosable conduct to Legislative Assembly or journalist); and (ii) public interest disclosures made under section 27A (Giving public interest disclosure to Legislative Assembly or journalist). 6 Clause 44 Proposed new section 34 (1) (c) Page 25, line 22— omit 7 Proposed new clause 60A Page 32, line 23— insert 60A Dictionary, note 2 insert • public sector standards commissioner
Schedule 2
Residential Tenancies Amendment Bill 2020
Amendments moved by the Attorney-General 2 Clause 3, note Page 2, line 17— omit the note, substitute Note This Act also amends other legislation (see sch 1 and sch 2). 3 Clause 17 Proposed new section 35G (2) Page 16, line 7— omit proposed new section 35G (2), substitute (2) On application by a lessor under a residential tenancy agreement, the ACAT may order that the lessor may refuse consent for a co tenant to stop being a party to the agreement under section 35A (4) (b). 4 Clause 22 Proposed new section 71C (1) (b) (ii) Page 18, line 14— omit
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5 Clause 22 Proposed new section 71C (1), new note Page 19, line 20— insert Note 2 This part and other provisions relating to occupancy agreements in this Act and the Human Rights Commission Act 2005, made by the Residential Tenancies Amendment Act 2020 (No 2) do not apply in relation to education provider occupancy agreements until 30 January 2022 (see pt 17). 6 Clause 27 Proposed new section 71E (1) (a) Page 22, line 18— after occupancy principles insert as in force from time to time 7 Clause 27 Proposed new section 71EA (1) (j) Page 24, line 13— after section 71EJ insert or section 71EM 8 Clause 27 Proposed new section 71EA (2) Page 25, line 1— omit 9 Clause 27 Proposed new section 71EA (5), definition of university disciplinary requirement Page 25, line 19— omit 10 Clause 27 Proposed new section 71EB (1) Page 25, line 24— omit occupancy agreement starts substitute occupant takes possession of the premises
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11 Clause 27 Proposed new section 71ED (1) Page 27, line 12— omit , other than an exempt agreement, 12 Clause 27 Proposed new section 71ED (5), definition of exempt agreement and note Page 28, line 13— omit 13 Clause 27 Proposed new section 71EJ (2), example 1 Page 33, line 5— omit 14 Clause 27 Proposed new section 71EJ (3) Page 33, line 17— omit only 15 Clause 27 Proposed new section 71EK (4) Page 34, line 20— omit 16 Clause 27 Proposed new section 71EK (6) Page 35, line 5— omit 17 Clause 31 Page 41, line 7— [oppose the clause] 18 Proposed new clauses 34A and 34B Page 42, line 14— insert 34A Orders by ACAT Section 83 (d) after loss of rent insert , occupancy fees
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34B Section 83 (e) substitute (e) an order stating that an amount (not more than the amount of bond or security deposit paid into the trust account in relation to the relevant residential tenancy agreement or occupancy agreement, as the case requires) be paid to the lessor or grantor from the trust account; 19 Proposed new clause 38A Page 44, line 15— insert 38A New part 17 insert Part 17 Transitional—Residential Tenancies Amendment Act 2020 (No 2) 158 Education provider occupancy agreements (1) The occupancy agreement amendments do not apply in relation to an education provider occupancy agreement until 30 January 2022. (2) Until 30 January 2022, the existing occupancy agreement provisions continue to apply in relation to an education provider occupancy agreement. (3) However, a regulation may provide that— (a) an occupancy agreement amendment applies to an education provider occupancy agreement; or (b) an existing occupancy agreement provision does not apply to an education provider occupancy agreement. (4) To remove any doubt, an education provider occupancy agreement is taken not to be a residential tenancy agreement under the existing occupancy agreement provisions. (5) In this section: existing occupancy agreement provisions means this Act, part 5A, and other provisions of the Act that relate to occupancy agreements, as in force immediately before the commencement of the Residential Tenancies Amendment Act 2020 (No 2), section 3. occupancy agreement amendments means the amendments of this Act, part 5A, and any other amendments relating to occupancy agreements, made by the Residential Tenancies Amendment Act 2020 (No 2). 159 Expiry—pt 17 This part and section 71C (1), note 2 expire on 29 January 2022. Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88). 20 Clause 42 Proposed new dictionary definition of education provider Page 47, line 1— omit
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21 Proposed new schedule 2 Page 59, line 10— insert Schedule 2 Delayed amendments (see s 3) Part 2.1 Human Rights Commission Act 2005 [2.1] New section 53U (2) and (3) insert (2) To remove any doubt, the Residential Tenancies Act 1997, section 73 (2) does not require a party to an occupancy agreement to attempt to resolve a dispute under a university dispute resolution procedure before the ACAT deals with a complaint referred to it under this division. (3) In this section: university dispute resolution procedure—see the Residential Tenancies Act 1997, section 73 (3). Part 2.2 Residential Tenancies Act 1997 [2.2] New section 71C (1) (b) (ia) insert (ia) except if section 6B applies, an agreement to occupy premises in a residential facility associated with, or on the campus of, or provided under an arrangement with, an education provider; [2.3] New section 71EA (1A) insert (1A) However, subsection (1) (g) does not apply to a penalty or consequence under a university requirement. [2.4] Section 71EA (5), new definition of university requirement insert university requirement means a statute, rule or policy about student discipline or medical leave made under, or authorised by, the Australian National University Act 1991 (Cwlth) or the University of Canberra Act 1989. [2.5] Section 71ED (1) after occupancy agreement insert , other than an education provider occupancy agreement, [2.6] Section 71ED (5), new definition of education provider occupancy agreement insert education provider occupancy agreement means an occupancy agreement in relation to premises in a residential facility associated with, or on the campus of, or provided under an arrangement with, an education provider.
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[2.7] Section 71EJ (2), new example insert 3 A student accommodation provider states in an occupancy agreement that if the student welfare officer has reasonable concerns about the welfare of an occupant, the officer may give notice by knocking 3 times on the occupant’s door and, if there is no answer, may enter the room to check on the occupant’s welfare. If the occupant is not in the room, the agreement states the officer will leave a written note telling the occupant when and why the officer entered the room and the officer’s contact details. [2.8] Section 71EK (2), new example insert 4 whether the accommodation is provided for a particular group of people such as students studying at a university [2.9] New section 71EK (3A) insert (3A) However, if an occupancy agreement may be terminated under a university requirement— (a) subsection (2) does not apply; and (b) for subsection (3)—the parties may also terminate the agreement as permitted or required under the university requirement. [2.10] New section 71EK (6) insert (6) In this section: university requirement—see section 71EA (5). [2.11] New section 73 (2) and (3) insert (2) However, for an occupancy agreement to which a university dispute resolution procedure applies, a dispute is an occupancy dispute only if the parties have been unable to resolve the dispute within a reasonable time under the university dispute resolution procedure. (3) In this section: university dispute resolution procedure means a dispute resolution procedure authorised under the Australian National University Act 1991 (Cwlth) or the University of Canberra Act 1989. [2.12] New section 74 (2) and (3) insert (2) To remove any doubt, section 73 (2) does not require an occupant to attempt to resolve an occupancy dispute under a university dispute resolution procedure before making a complaint under the Human Rights Commission Act 2005. (3) In this section: university dispute resolution procedure—see section 73 (3). [2.13] Dictionary, new definition of education provider insert
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education provider—means an entity mentioned in the Education Act 2004, table 9A, column 3.
Schedule 3
Residential Tenancies Amendment Bill 2020
Amendments moved by the Attorney-General 1 Clause 2 Page 2, line 4— omit clause 2, substitute 2 Commencement (1) This Act (other than the following provisions) commences on a day fixed by the Minister by written notice: • section 17A • section 38A • schedule 2. Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)). Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)). Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79). (2) Sections 17A and 38A commence on the day after this Act’s notification day. (3) Schedule 2 commences on 30 January 2022. 2 Proposed new clause 17A Page 17, line 3— insert 17A Failure to pay rent—payment order Section 49A (3) (b) substitute (b) if the payment order does not include a requirement to pay rent, or a stated part of rent, that has become payable as mentioned in subsection (2) (a)— (i) the lessor has made more than 2 applications for a termination and possession order under section 49 (2) in the 12 month period immediately before the day the ACAT makes the order; and (ii) it is in the interests of justice to do so. 3 Proposed new clause 38A Page 44, line 15— insert
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38A New part 17 insert Part 17 Transitional—Residential Tenancies Amendment Act 2020 (No 2) 158 Meaning of commencement day—pt 17 In this part: commencement day means the day the Residential Tenancies Amendment Act 2020 (No 2), section 38A commences. 159 Payment orders in relation to applications for termination and possession orders undecided before commencement (1) This section applies in relation to an application for a termination and possession order— (a) made under section 49 (2) on or after 25 August 2020 but before the commencement day; and (b) that is not decided before the commencement day. (2) Despite section 49A (3) (b) as in force immediately before the commencement day, the defined provision applies in relation to the application. (3) In this section: defined provision means section 49A (3) (b) as in force on the commencement day. 160 Expiry—pt 17 This part expires 30 days after the commencement day. Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Schedule 4
Sexuality And Gender Identity Conversion Practices Bill 2020
Amendments moved by Mr Coe (Leader of the Opposition) 1 Proposed new clause 6A Page 3, line 25— insert 6A Religious freedom not affected This Act will not affect the ability of religious organisations or schools to teach the tenets of their faith. 2 Clause 7 (3) Page 5, line 1— omit clause 7 (3), substitute
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(3) Also, sexuality or gender identity conversion practice does not include the following: (a) a conversation between a parent or guardian and a protected person in their care about the protected person’s sexuality or gender identity; (b) a practice by a teacher at a government or non-government school in the course of the teacher’s duties at the school that, in the teacher’s reasonable professional judgment, is necessary to— (i) provide a service in a manner that is safe and appropriate; or (ii) comply with the teacher’s legal or professional obligations; (c) a practice by a health service provider that, in the provider’s reasonable professional judgment, is necessary to— (i) provide a health service in a manner that is safe and appropriate; or (ii) comply with the provider’s legal or professional obligations. 3 Clause 7 (4), proposed new definition of government school Page 5, line 7— insert government school—see the Education Act 2004, dictionary. 4 Clause 7 (4), proposed new definition of non-government school Page 5, line 9— insert non-government school—see the Education Act 2004, dictionary.
Schedule 5
Sexuality And Gender Identity Conversion Practices Bill 2020
Amendment moved by the Minister for Social Inclusion and Equality 1 Clause 7 (2), proposed new example and note Page 4, line 25— insert • support for a person exploring and expressing their sexuality Note Under the Human Rights Act 2004, s 14, a person has the right to freedom of thought, conscience and religion, including the freedom to demonstrate their religion or belief in worship, observance, practice and teaching, either individually or as part of a community and whether in public or private. It is not intended that a mere expression of a religious tenet or belief would constitute a sexuality or gender identity conversion practice.
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Schedule 6
Electoral Amendment Bill 2018
Amendments moved by Ms Le Couteur 38 Clause 11 Proposed new subdivision 14.4A.3 Page 14, line 26— insert Subdivision 14.4A.3 Gifts from gambling businesses 222J Ban on gifts from gambling businesses etc—less than $250 (1) This section applies if— (a) a gambling business, a close associate of the gambling business or a person on behalf of the gambling business or close associate, gives 1 or more gifts to a political entity in a financial year; and (b) the gift, together with any other gift made by the person in the financial year, is less than $250. (2) The giver of the gift must pay to the Territory an amount equal to the amount of the gift. (3) The amount payable under subsection (2) is a debt payable to the Territory by the giver of the gift and may be recovered by a proceeding in a court of competent jurisdiction. 222K Ban on gifts from gambling businesses etc—$250 or more (1) A gambling business commits an offence if— (a) the business gives a gift to a political entity; and (b) the gift, together with any other gift made by the gambling business in the financial year, is $250 or more. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A close associate of a gambling business commits an offence if— (a) the close associate gives a gift to a political entity; and (b) the gift, together with any other gift made by the close associate in the financial year, is $250 or more. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) A person commits an offence if— (a) the person gives a gift to a political entity; and (b) the gift is given on behalf of a gambling business or a close associate of a gambling business; and (c) the gift, together with any other gift made by the person on behalf of the gambling business or close associate in the financial year, is $250 or more. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (4) A person commits an offence if the person asks another person to give a gift to a political entity on behalf of a gambling business or a close associate of a gambling business. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
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(5) In this section: asks includes cause, induce or solicit. 222L Ban on acceptance of gifts from gambling businesses etc—less than $250 (1) This section applies if— (a) a political entity accepts a gift made by, or on behalf of, a gambling business or a close associate of a gambling business; and (b) the gift, together with any other gift made by the person in the financial year, is less than $250; and (c) the political entity has not taken reasonable steps to ensure that the person giving the gift, or the person on behalf of whom the gift is given, is not a gambling business or a close associate of a gambling business. Examples—reasonable steps 1 giving potential donors written notice that donations from gambling businesses or close associates of gambling businesses are prohibited 2 asking the person who gives the gift about whether the person is a gambling business or a close associate of a gambling business (2) The financial representative of the entity must pay to the Territory an amount equal to the amount of the gift. (3) The amount payable under subsection (2) is a debt payable to the Territory by the financial representative for the political entity and may be recovered by a proceeding in a court of competent jurisdiction. 222M Ban on acceptance of gifts from gambling businesses etc—$250 or more (1) A political entity commits an offence if— (a) the entity accepts a gift made by, or on behalf of, a gambling business or a close associate of a gambling business; and (b) the gift, together with any other gift made by the person in the financial year, is $250 or more. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) Subsection (1) does not apply if the political entity takes reasonable steps to ensure that the person giving the gift, or the person on behalf of whom the gift is given, is not a gambling business or a close associate of a gambling business. Example—reasonable steps obtaining a written statement from the person who gives the gift about whether the person is a gambling business or a close associate of a gambling business Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) If the political entity contravenes subsection (1), the financial representative of the entity must pay to the Territory an amount equal to the amount of the gift. (4) The amount payable under subsection (3) is a debt payable to the Territory by the financial representative for the political entity and may be recovered by a proceeding in a court of competent jurisdiction. 222N Gifts from people that become gambling businesses etc (1) This section applies if— (a) a political entity accepts a gift made by, or on behalf of, a person; and
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(b) at the time the gift is given, the person is not a gambling business or a close associate of a gambling business; and (c) within 12 months after the gift is given, the person becomes a gambling business or a close associate of a gambling business. (2) The giver of the gift must pay to the Territory an amount equal to the amount of the gift. (3) The amount payable under subsection (2) is a debt payable to the Territory by the giver of the gift and may be recovered by a proceeding in a court of competent jurisdiction. 39 Proposed new clauses 11A and 11B Page 14, line 26— insert 11A Section 297 heading substitute 297 Misleading electoral matter affecting casting of vote 11B New section 297A insert 297A Misleading electoral advertising (1) A person commits an offence if— (a) the person disseminates, or authorises the dissemination of, an advertisement containing electoral matter; and (b) the advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent. Maximum penalty: 50 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) if it is proved by the defendant that the defendant— (a) took no part in deciding the content of the advertisement; and (b) could not reasonably be expected to have known that the statement was inaccurate and misleading. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) If the commissioner is satisfied that subsection (1) (a) and (b) apply, the commissioner may ask the person, in writing, to do 1 or more of the following: (a) not disseminate the advertisement again; (b) publish a retraction in stated terms and in a stated way. (4) If a person is found guilty of an offence against this section, the court must take the person’s response to any request under subsection (3) into account in deciding the penalty for the offence. (5) On application by the commissioner, the Supreme Court may, if satisfied that subsection (1) (a) and (b) apply, order the person to do 1 or more of the following: (a) not disseminate the advertisement again; (b) publish a retraction in stated terms and in a stated way.
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41 Clause 13 Dictionary, note 2, proposed new dot points Page 17, line 2— insert the following dot points in alphabetical order • Legislative Assembly • Minister (see s 162) • territory law
Schedule 7
Electoral Amendment Bill 2018
Amendments moved by the Attorney-General 7 Clause 11 Proposed new section 222G (2), new note Page 12, line 29— insert Note 2 For recording and disclosure requirements in relation to the receipt of gifts by political entities—see s 216A. 8 Clause 11 Proposed new section 222G (2A) and (2B) Page 12, line 29— insert (2A) In deciding whether a political entity takes reasonable steps under subsection (2), a court must have regard to the amount of the gift accepted by the political entity. (2B) Subsection (2A) does not limit the matters to which the court may have regard. 9 Clause 11 Proposed new section 222H heading Page 13, line 8— omit the heading, substitute 222H Gifts from people that become property developers etc 11 Clause 12 Proposed new section 518 (2) and (3) Page 16, line 14— omit
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Schedule 8
Electoral Amendment Bill 2018
Amendments moved by Mr Coe (Leader of the Opposition) 2 Clause 12 Proposed new section 517 (1) Page 15, line 7— substitute (1) This section applies if— (a) after the day the election, due to be held in October 2020, happens and before 1 July 2021, a political entity accepts a gift made by, or on behalf of, a property developer or a close associate of a property developer; and (b) the gift is not returned to the giver within 30 days after its receipt; and (c) either— (i) at the time the gift is given, the property developer, or a close associate of the property developer, has made 1 or more relevant planning applications that have not been decided; or (ii) in the 7-year period before the gift is given, the property developer, or a close associate of the property developer, has made 3 or more relevant planning applications.
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Answers to questions
Housing ACT—building communities program (Question No 2925)
Ms Le Couteur asked the Minister for Housing and Suburban Development, upon notice, on 21 February 2020:
(1) In relation to the answer to question on notice No 4 of the Standing Committee on Health, Ageing and Community Services inquiry into referred 2018-19 annual and financial reports, what specifically is the “Building Communities Inside and Out program”.
(2) How does it work to reduce the stigma that can be attached to clients living in public housing.
(3) How does it promote stronger neighborhoods and what community and local partnerships exist.
(4) Is the complex fully tenanted yet.
(5) How much does the Building Communities Inside and Out Program cost and over what period.
(6) Are there other new ACT Housing complexes participating in the program; if so, which ones.
(7) What other community development initiatives exist for ACT Housing tenants.
Ms Berry: The answer to the member’s question is as follows:
1. The Building Communities Pilot Program was designed specifically, with the support and input from the Holder Community Action Group, Housing ACT and Community Service Partners Woden Community Services (WCS) and Northside Community Services, to co-design and develop a new housing model framework that incorporates a sense of community and belonging.
2. A key component of the Building Communities Inside and Out program is to remove the stigma associated with public housing and to build a sense of belonging within public housing complexes and in the wider community. The aim of the program is to build sustainable communities, enhance the overall tenant experience, and promote pride in the community in which they live.
The program is strength-based and encourages empowerment and active contribution to the community. It focuses on meaningful contributions and changing the narrative of how others view public housing. As an example, we have a tenant who is a retired horticulturalist and they are taking carriage of looking after the gardens and teaching others within the complex about the different trees, and how best to look after them during hot weather. They are also making suggestions regarding external community building opportunities.
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A diverse group of tenants have agreed and signed up to be part of the pilot. The mixture includes young families, elderly couples, and people with physical disabilities. The diversity is empowering clients to build community.
3. The tenants come from a variety of backgrounds, ages, locations and with differing health issues and stories. The program aims to facilitate the emergence of a community, with the tenants actively working together and early evidence show that a “feel good” factor exists within the complex. To promote stronger neighbourhoods, the program provides for early and ongoing engagement with tenants including one-on-one conversations to link any needed supports and facilitates social and local connections between residents and the wider community where possible.
There have been no instances of anti-social behaviour. Zero complaints and the emergence of a community is prevalent with tenants actively engaging and “looking after” one another. Tenants are awaiting WCS to help them build their governance structure and enhancing their sense of community with regards to social activities and community events. Housing ACT is actively looking to engage with other community and local partners to support and enhance the program at each complex.
4. Housing ACT is using a staged approach to move tenants into the complex, support them to settle into their new homes and with getting to know their neighbours and their community. This approach has been key to the success of the pilot so far.
For the remaining units to be tenanted, prospective tenants will be invited to learn more about the pilot. These prospective tenants may be identified via Housing ACT’s current renewal program or the housing registers to maximise the diversity of tenants within the complex. Offers are still being made to prospective clients, however COVID-19 may impact the number of offers that are made and accepted and may delay move-in dates and fully tenanting the complex.
5. The program is implemented as a business as usual function.
6. Yes, there are currently two other complexes taking part in the Building Communities Pilot Program. They are in Monash and Holder.
7. The Justice and Community Safety Directorate administers the Strong Connected Neighbourhoods, which is part of a collaboration that also involves Housing ACT, ACT Health and ACT Policing along Ainslie Avenue. The partnership is expanding to a second site in Belconnen.
Public housing—supply (Question No 2927)
Ms Le Couteur asked the Minister for Housing and Suburban Development, upon notice, on 21 February 2020:
(1) How many social housing dwellings, ie income-based rents, are provided by non-government operators, eg community housing providers.
(2) Can the Minister provide numbers broken down by operator, and for each operator by ownership and management arrangement, eg ACT Housing dwellings managed under
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a funding agreement, dwellings owned by the provider with a mortgage to the ACT Government, dwellings owned by the provider but managed under a funding agreement.
(3) How many social housing dwellings pay residential rates.
(4) What was the total rates revenue paid for these dwellings for the 2018-19 financial year.
(5) How many social housing dwellings pay the Safer Families Levy and/or the Fire and Emergency Services Levy.
(6) What was the total levy revenue paid for these dwellings for the 2018-19 financial year.
(7) What is the total supply of affordable rental properties, ie rented for 75 percent of market rent or less, and can the Minister provide numbers broken down by operator, and for each operator by ownership and management arrangement, eg ACT Housing owned dwellings managed under a funding agreement, dwellings owned by the provider with financial support from the ACT Government, dwellings owned or managed by the provider with no ACT Government financial support.
(8) What implementation has been undertaken in relation to the Cohort Study.
(9) What is the current status of planning for the future of (a) Ainslie Village and (b) Havelock House.
(10) What future steps are expected on the future of (a) Ainslie Village and (b) Havelock House.
(11) Are there any current plans to relocate tenants either from Ainslie Village or Havelock House.
Ms Berry: The answer to the member’s question is as follows:
1. Data from the ACT Human Services Registrar shows that as at 31 December 2019, the ACT has 20 registered community housing providers managing a total of 1,733 dwellings/properties. These properties are comprised of:
Dwelling units Properties managed by providers and owned by Housing ACT 936 Properties owned by providers 685 Properties owned by private investors 112
Out of 1,733 dwelling/properties, 1,232 dwelling units are income-based rental properties while the remaining 501 dwelling units may be considered as affordable housing offering up to 74.9% of market rent.
2. At 31 December 2019, Housing ACT provided 620 properties under the Housing Asset Assistance Program (includes capital and recurrent funding grants). A breakdown follows:
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Community Housing Organisations Properties Bedrooms ARGYLE COMMUNITY HOUSING LIMITED 41 251 ATSIS UNIT 1 7 BARNARDOS AUSTRALIA 66 149 BARTON ASSOCIATION INC 1 7 BERYL WOMEN INC 7 18 CAPITAL COMMUNITY HOUSING 1 4 CATHOLICCARE CANBERRA 35 80 COMMUNITIES AT WORK 7 22 DOMESTIC VIOLENCE CRISIS SERVICE INC 7 18 DORIS WOMEN'S REFUGE INC. 8 20 EVERYMAN AUSTRALIA INC 59 118 FOCUS ACT INC 19 61 HAVELOCK HOUSING ASSOCIATION INC 145 544 KARALIKA - (ADF ACT) 4 16 KARINYA HOUSE 9 24 LARCHE AUSTRALIA 2 14 MARYMEAD 1 6 MEGALO COMMUNITY 1 2 MENTAL HEALTH FOUNDATION ACT INC 5 16 MENTAL HEALTH SERVICE 1 3 MENTAL ILLNESS F/SHIP INC (WELL WAYS) 1 6 NORTHSIDE COMMUNITY SERVICES INC 13 35 Reclink Australia 1 1 RICHMOND FELLOWSHIP 3 10 SEGAIS INCORPORATED 1 3 TAMIL SENIOR CITIZENS ASSOCIATION 9 17 THE DISABILITY TRUST 2 12 THE SALVATION ARMY 15 44 THE SOCIETY OF ST VINCENT DE PAUL P/L 91 148 THE UNITING CHURCH AUST PROPERTY TRUST 1 5 TOORA WOMEN INC 46 144 WELLWAYS AUSTRALIA 3 9 YWCA OF CANBERRA 14 49 Grand Total 620 1863
Notes: 1. Not all providers with HAAP program dwellings are registered community housing providers under the National Community Housing Regulatory Scheme. 2. Some registered providers utilise dwellings for the delivery of homelessness services, transitional housing or other short to medium term tenancy options which may not be classified as social housing. 3. Properties/dwellings leased to community housing providers may be subleased as share houses, that is, with more than one tenancy agreement. In these cases, single properties may be reported to the National Community Housing Regulatory Scheme as multiple dwellings, this is the case for Ainslie Village and Havelock House.
There are currently 66 properties titled to a provider with a mortgage to the ACT Government.
No dwellings owned by social housing providers (other than Housing ACT) are managed under a funding agreement. Subleasing and/or Operational Deed arrangements may operate.
3. Housing ACT is not entitled to any rebate or exemption under the Rates Act 2004 and is therefore required to pay general rates on its entire portfolio. Housing ACT owned 11,582 dwelling units at 30 June 2019. The Human Services Registrar does not collect
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information/data for rates paid by community and affordable housing providers, nor the breakdown of levies.
4. Housing ACT paid $20.598 million for general rates in 2018-19. The Human Services Registrar does not collect information/data for rates paid by community and affordable housing providers, nor the breakdown of levies.
5. Housing ACT is required to pay the Safer Families Levy and the Fire and Emergency Services Levy in full on its entire portfolio.
The Human Services Registrar does not collect information/data for rates paid by community and affordable housing providers, nor the breakdown of levies.
6. The information requested is not in an easily retrievable form and to collect the information purely for the purposes of answering the question would require considerable resources. The Safer Families Levy is a fixed charge of $30 per parcel and the Fire and Emergency Services Levy was a fixed charge of $336 per parcel. The Human Services Registrar does not collect information/data for rates paid by community and affordable housing providers, nor the breakdown of levies.
7. As indicated in the answer to Question 1, 501 property/dwelling units are considered affordable housing broken down as follows:
Properties Provider Owned by provider with loan from government 341 CHC Owned by provider thru government title transfer 50 CHC Owned by provider with support from government 14 4 Havelock 10 UVBCC Owned by Housing ACT/managed by provider 28 12 ECHO 16 Havelock Owned by investors (NRAS & others) 68 17 CHC HomeGround 1 YWCA Rentwell 50 UVBCC Notes: CHC (Community Housing Canberra), UVBCC (United Vietnamese Buddhist Congregation of Canberra), ECHO (Environmental Collective Housing Organisation).
Housing ACT manages 57 properties under the Affordable Rental Office on behalf of the Community Services Directorate. A further 19 cabins at the Narrabundah Long Stay Park are managed on behalf of the Chief Minister, Treasury and Economic Development Directorate.
8. The Study into Support Needs of People with High and Complex Needs in the ACT (Cohort Study) has provided valuable insights into the needs of people who are often chronically homeless.
Findings from the Cohort Study are being used to inform, review and strengthen the evidence base for a range of current and future initiatives, particularly around Housing First approaches.
The Cohort Study has supported commitments under the ACT Housing Strategy, including implementing a model of support that draws on Housing First principles, particularly for people experiencing long term homelessness such as Axial Housing, developing a holistic and client centred model of social housing and developing a second Common Ground for Canberra.
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The Study has also helped us deliver a long term supported accommodation housing model for people with enduring mental health issues, and is supporting work with the Justice and Community Safety Directorate that targets the needs of people engaged in the Justice System
9. The ACT Government is currently delivering its second major public housing renewal program through the Growing and Renewing Public Housing Plan. The program is focused on more efficient use of land assets, concentrating on single, detached public housing properties, to deliver the right mix of social infrastructure needed to house vulnerable members of our community, now and into the future.
As part of that program, funding has been allocated for early investigations into some of our remaining high-concentration, multi-unit sites to inform a range of options that deliver better social outcomes on those sites.
The range of investigations will help better understand the unique opportunities and constraints of each location, including consideration of heritage issues, social needs, fire and engineering assessments, safety audits and architectural studies.
An options paper for the first investigations, including Havelock House, is being prepared. Investigations on Ainslie Village have not commenced.
10. There are no future steps beyond what has been outlined in question nine. Once the options are received, government will assess these for future consideration and appropriate engagement. Any options identified for further exploration would be subject to standard future budget processes.
11. No.
Government—tenancy services funding (Question No 2931)
Ms Le Couteur asked the Attorney-General, upon notice, on 21 February 2020:
(1) What is the start and end date of the contract between the ACT Government and Legal Aid to deliver the Tenants Advice Service (TAS).
(2) What is the annual funding allocation for the contract between the ACT Government and Legal Aid to deliver the TAS.
(3) Does this funding allocation increase over the course of the contract; if so, is it indexed?
(4) Are there provisions for additional payments over the course of the contract; if so, what would trigger these payments.
(5) How many staff will be employed in the new TAS.
(6) Are there plans to engage a tenancy law expert as part of the new service’s staff team.
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(7) Does, or will, the funding contract with Legal Aid require it to fund, oversee, or provide (a) events such as International Tenants’ Day, (b) the annual tenants’ art competition, (c) outreach and education, for example at shopping centres, universities, and major events such as the Multicultural Festival, (d) policy development and (e) advocacy for tenants’ rights and tenancy law reform.
(8) Does, or will, the funding contract specify that any of those activities referred to in part (7)(a)-(e) are conducted; if so, does, or will, the funding contact specify the frequency or performance indicators for any of those matters referred to in part (7)(a)- (e)?
(9) If the contract does not, or will not, specify any of the activities listed in part 7(a)-(e), does the ACT Government plan to fund some or all of these separately; if so, which ones.
(10) Does, or will, the funding contract for the TAS include a provision for the staff presently employed by the Tenants’ Union to be employed in the new service; if so, does it, or will it, specify that their salaries and hours of work will be at a comparable level.
(11) Will the new service be a stand-alone service, or rolled into the existing Legal Aid helpline.
(12) If it is not a stand-alone service, will this effectively mean that the funding for the service, which comes from tenants’ bonds, could be used for other clients of legal aid, including lessors, or will this funding be somehow quarantined so that it is only used to support tenants.
(13) Does, or will, the funding contract for the TAS make it clear that this component of funding must not be used for any purpose other than to provide services to tenants, given that lessors can be provided with advice by Legal Aid.
(14) If lessors are advised or represented, how will Legal Aid avoid conflicts of interest where its staff may be providing advice or services to both parties in a dispute.
(15) Will all or some parts of the service be means tested, or will the whole service, including legal representation in ACT Civil and Administrative Tribunal (ACAT), be available to all renters.
(16) What will the eligibility criteria be for the new service if all or some of the TAS will be means tested.
(17) How will tenants who may still be on low or moderate incomes but no longer eligible for support from TAS be supported, if some component of the service, such as representation at the ACAT, is means tested.
(18) Will there be a fee for service arrangement for some tenants using the new TAS.
(19) Does the contract with Legal Aid require, or forbid, Legal Aid charging a fee for TAS services.
(20) What are the arrangements for cases currently open with the Tenants’ Union and will these all be taken over by Legal Aid.
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(21) Will Legal Aid be offering a website with information for tenants; if so, who will develop this content.
(22) Will Legal Aid avoid duplication by advising clients to use the fact sheets on the Tenants’ Union’s website.
(23) Did a Commissioner step down from the Board of Legal Aid in the lead up to and during the tender process for the TAS service due to a (perceived) conflict of interest; if not, how specifically was that (perceived) conflict of interest managed.
(24) How will tenants be advised that the new service exists.
Mr Ramsay: The answer to the member’s question is as follows:
(1) A funding contract between the Justice and Community Safety Directorate and Legal Aid ACT to deliver the Tenants Advice Service was executed on 28 February 2020. This contract runs from the date of its execution until 30 June 2023. The term of the contract is 3 years and 4 months.
(2) The overall contract price is $1,621,995 (GST exclusive) for the term of the contract. The annual funding allocation has been set out below:
Financial Year Funding allocation (GST exclusive) 2019-20 $156,057 2020-21 $475,370 2021-22 $488,205 2022-23 $502,363
The contract price is a continuation of the 2019-20 funding allocation which has been indexed. It includes a further payment of $40,000 (GST exclusive) to support Legal Aid to commence delivering the Tenants Advice Service in March 2020.
(3) The annual funding allocation has been indexed at the Community Sector Rate.
(4) The contract does not specify additional payments during the term of the contract.
(5) Legal Aid ACT has advised they expect the funding will support 4 FTE.
(6) Legal Aid ACT has high expertise in tenancy law and has been working in this area for many years.
(7) The contract requires the provider of the Tenants Advice Service to deliver community legal education and law and policy reform activities. Funding for International Tenants Day’ activities is not managed by the Justice and Community Safety Directorate.
(8) The contract requires the provider of the Tenants Advice Service to deliver a minimum of 12 community legal education sessions per annum and to undertake law and policy reform activities.
(9) No.
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(10) While the contract does not formally require Legal Aid ACT to provide employment to the staff of the Tenants Union ACT, all tenderers were required to advise what they could do to support the staff should the Tenants Union not be successful in the tender process.
It is understood that discussions are ongoing between Legal Aid ACT and the staff of the Tenants Union ACT in relation to employment opportunities and that all staff members were offered the opportunity to interview for a role within Legal Aid ACT.
(11) The Telephone Advice Line will be delivered through a direct line to TAS ACT paralegals. Should the Advice Line receive an overflow of calls, it will be supported by the General Helpline. Legal advice, casework and representation services will be undertaken by a team of lawyers specialising in tenancy matters who will be based within the General Practice of Legal Aid ACT.
(12) The contract provides that funding is to be expended on TASACT services. TASACT services are directed towards tenants.
(13) The contract provides that funding is to be expended on TAS ACT services. TAS ACT services cannot be accessed by landlords.
(14) Legal Aid ACT has an established professional conflict of interest policy for all matters requiring legal advice and representation. While Legal Aid does not expect that landlords would seek services under the TASACT, such as by calling the help line, all calls received will be triaged and and an appropriate referral made of landlord advice matters to the ANU’s Graduate Diploma of Legal Practice Clinic and to the UC Small Business Clinic.
(15) Funding expended under the contract will not be means tested.
(16) Funding under the contract will not be means tested.
(17) Funding under the contract will not be means tested.
(18) No. Services provided under the contract will not require a contribution from the tenant or occupant.
(19) No.
(20) Legal Aid ACT have advised the Tenants Union ACT that it would accept all active cases.
(21) Yes. Legal Aid ACT are preparing a set of materials to ensure that tenants and occupants are provided with accurate and current information to help them understand and respond to their legal needs. The TAS ACT’s website is accessible via www.tasact.org.au
(22) Legal Aid ACT are preparing a set of materials to ensure that tenants and occupants are provided with accurate and current information to help them understand and respond to their legal needs. The TAS ACT’s website is accessible via www.tasact.org.au
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(23) Two commissioners of the Legal Aid Commission Board did not participate in decisions or discussions about the tender. Questions about the operation of the Legal Aid ACT Board of Commissioners should be referred to the President of the Legal Aid Commission.
(24) Legal Aid ACT will maintain a public advertising presence for the TAS ACT service. An ACT Government communications strategy is in place, which includes a letter advising of the new service provider, which is intended to be sent to all tenants who have lodged their bond with the ACT Office of Rental Bonds. Legal Aid ACT has advised that they propose to establish a consultative committee of key stakeholders in the legal assistance sector to support the transition.
Domestic and family violence—legislation review (Question No 2935)
Ms Le Couteur asked the Minister for the Prevention of Domestic and Family Violence, upon notice, on 21 February 2020 (redirected to the Attorney-General):
(1) What is the timeframe for the review of the Family Violence Act.
(2) Will consultants undertake the review or will it be managed by the ACT Government.
(3) Have the terms of reference been determined; if so, what are they.
(4) Who will be consulted in the review and what consultation process will be used.
Mr Ramsay: The answer to the member’s question is as follows:
(1) The Review of the Family Violence Act 2016 commenced in June 2019. The report of the review was finalised by consultants in March 2020, and has been provided to the Justice and Community Safety Directorate (JACS) for consideration.
(2) The review was undertaken by the Australian National University (ANU). The lead consultant is Professor Lorana Bartels. JACS undertook the procurement process for consultancy services.
(3) The terms of reference for the review are reflected in the Statement of Requirement for the contract for services for the Family Violence Act Review. This is provided at Attachment A.
(4) The consultation process for the review was undertaken by consultants from September – November 2019, through face-to-face and telephone interviews and written correspondence. The participants include people with lived experience and stakeholder organisations. The following organisations were targeted for consultation: • Aboriginal and Torres Strait Islander Elected Body • Aboriginal and Torres Strait Islander Reference Group of the DVPC • Aboriginal Legal Service • ACT Bar Association • ACT Chief Minister’s Directorate (Women’s Office)
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• ACT Coordinator-General for Family Safety • ACT Corrective Services • ACT Courts and Tribunals • ACT CSD, including Child and Youth Protection Services (CYPS) • ACT Director of Public Prosecutions • ACT Education Directorate • ACT Health Directorate • ACT Human Rights Commission • ACT Law Society • ACT Policing • Advocacy for Inclusion A Gender Agenda • AIDS Action Council • Beryl Women’s Inc • Canberra Health Services • Canberra Rape Crisis Centre • Civil Liberties Australia • Domestic Violence Crisis Service (DVCS) • Doris Women’s Refuge • DVCS Room4Change • EveryMan • Family Court of Australia • Family Violence Intervention Program • Integrated Women’s Network • Legal Aid ACT • Legislation, Policy and Programs, JACS • Men’s Referral Service • Multicultural Women’s Advocacy Inc • Relationships Australia • Toora Women Inc • Victim Support ACT • Winnunga Nimmityjah Aboriginal Health Service • Women’s Centre for Health Matters • Women’s Legal Centre • YWCA
ATTACHMENT A – Statement of requirement for consultancy services to undertake the review of the Family Violence Act 2016
Purpose and requirement
The purpose of the review is to identify:
1 whether the ACT’s Family Violence Act 2016 is operating as intended;
2 the extent to which the commencement of the Family Violence Act 2016 has affected cultural or systemic change;
3 the potential for further changes to legislation including, but not limited to those in paragraph (3) below to support best practice in preventing and responding to family violence
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The Supplier will be required to:
1 develop a consultation or engagement strategy to be agreed by JACS and the Coordinator-General for Family Safety;
2 engage with key stakeholders in the ACT to address the scope of issues outlined below;
3 prepare an interim report to be agreed by JACS and the Coordinator-General prior to circulation with stakeholders;
4 consult with stakeholders on the interim report to: a. confirm the accuracy of information; b. comment on report analysis and findings; and c. provide any other comments; and
5 provide a final report summarising the result of consultation, with key findings and/or recommendations.
Scope of issues
The Supplier will focus on:
1 the implementation of the Family Violence Act, including the nature and extent of any cultural or systemic change as a result of the changes made by the Act;
2 whether Police Issued Safety Notices (PISN) (as recommended in recommendation 9-1 of the ALRC Report) should be implemented in the ACT;
3 other potential reforms which could support preventing and responding effectively to family violence, including but not limited to:
a. does there need to be any change to the way that support services manage partner contact, facilitated by that support service participating in perpetrator programs, when there is an existing family violence order in place prohibiting contact?;
b. should the existing sexual offence provisions relating to protected confidences be extended to limit disclosure of: i. counselling communications in family violence matters; or ii. claims for financial assistance compensation;
c. should there be legislative amendment to prevent the subpoena of victim impact statements, and the subsequent cross-examination of victims based on the content of the victim impact statement?;
d. should the presumption of bail in section 9F of the Bail Act 1991 be amended to a lower threshold than the existing one of being satisfied that the person poses ‘no danger to a protected person while released on bail’?;
e. should there be legislative amendment to remove or place limitations on the option of the court’s discretion to impose suspended sentences for breaching suspended sentence orders as recommended in the Victims of Crime Commissioner’s Issues paper published 22 November 2017?;
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f. should the Family Violence Act be amended to include specific reference to other types of abuse as a separate category of family violence, for example technology facilitated abuse?;
4 whether there are potential issues with, and suggested solutions for, extending final family violence orders on an interim basis;
5 how information sharing and managing risk in cases where there are no criminal charges could be improved; and
6 noting that the issue of information and evidence sharing between the family violence court and Family Law proceedings has been referred to the Council of Attorneys-General, the Supplier should take the opportunity to note any comments on this issue and provide information to interested stakeholders about ongoing opportunities for engagement.
Reporting and deliverables
1 The Supplier is required to submit an interim report jointly to Legislation, Policy and Programs (LPP) and the Coordinator-General for Family Safety.
2 Once agreed, the Supplier is expected to confirm with stakeholders the accuracy of information, and allow an opportunity for stakeholders to comment on report analyses and findings as well as provide any other comments relevant to the report or consultation process.
3 A final report should be submitted jointly to LPP and the Coordinator-General.
4 Specific timeframes and deliverables are below:
Deliverable Timeframe Format Preparation of consultation/engagement 0-1 month Written strategy and project plan Consultation with stakeholders 1-3 months Verbal Interim report End of month 3 Written Re-engagement with stakeholders 4-6 months Verbal Final report End of month 6 Written
Key performance indicators 1 effective engagement with stakeholders; 2 timely submission of reports; 3 accurate and well-drafted reports in the required format; and 4 effective communication with the Agency.
Specific requirements
The supplier will be required to demonstrate that, either alone or through a consortium, they have: 1 trusted relationships with key stakeholders, or the ability to quickly develop those trusted relationships;
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2 high level knowledge of the Family Violence legislative landscape from a legal perspective; 3 high level understanding of the nature and dynamics of domestic and family violence; and 4 high level report writing ability.
The supplier will be expected to work independently.
ACT Fire & Rescue—firefighters (Question No 2939)
Mrs Jones asked the Minister for Police and Emergency Services, upon notice, on 21 February 2020:
(1) How many firefighters were employed by ACT Fire and Rescue, as at 30 June for each of the past 10 years.
(2) How many of these firefighters were considered non-operational.
Mr Gentleman: The answer to the member’s question is as follows:
(1) Information on the number of firefighters employed by ACT Fire and Rescue as at 30 June for each of the past 10 years is publicly available through the Justice and Community Safety Directorate Annual Reports.
(2) All firefighters are considered operational.
ACT Ambulance Service—paramedics (Question No 2940)
Mrs Jones asked the Minister for Police and Emergency Services, upon notice, on 21 February 2020:
(1) How many paramedics were employed by ACT Ambulance Service, as at 30 June for each of the past 10 years.
(2) How many of these paramedics were considered non-operational.
Mr Gentleman: The answer to the member’s question is as follows:
(1) Information on the number of ambulance officers, which includes paramedics, employed by the ACT Ambulance Service as at 30 June for each of the past 10 years is publicly available through the Justice and Community Safety Directorate Annual Reports.
(2) All paramedics are considered operational.
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Health—children’s services (Question No 2996)
Mrs Dunne asked the Minister for Health, upon notice, on 8 May 2020:
(1) Are public health services currently being offered for children in the ACT and; if so, what services are being offered as of the date the question was published in the Questions on Notice Paper.
(2) Have any child health services been suspended as a result of COVID-19; if so, when are they likely to reopen.
(3) Will all children with valid referrals to see a paediatrician be placed back on the waiting list for that particular service.
(4) How long are waiting lists for children’s health services in the ACT for each service and what is the median wait time for each list.
(5) What elective surgery is currently available for ACT children and what types of elective surgery are currently not available.
(6) When is it likely that elective surgery will resume in those areas where it is not available.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) Canberra Health Services (CHS) temporarily reduced some non-urgent and non- essential outpatient services to help contain the spread of COVID-19.
Urgent children’s services such as the Early Childhood Immunisation Clinic, Child at Risk Health Services and Maternal and Child Health Nursing service continued to be offered in a combination of face-to-face appointments, telehealth and by phone.
(2) Yes, some non-essential and non-urgent outpatient services were temporarily suspended as a result of the COVID-19 response.
With relaxation of some COVID-19 restrictions, the implementation of telehealth and changes to waiting and clinic rooms, CHS has gradually resumed non-admitted services including the prioritisation of the four to six-month developmental checks for cancelled appointments and the Children’s Hearing Service.
(3) Yes.
(4) The current number of children on the waiting list for children’s health services are detailed below in Table 4A, with median wait times indicated in Table 4B.
Table 4A
Table 4A shows the total number of paediatric patients (those aged 16 years and under) as at 30 June 2020 awaiting initial appointments across Canberra Health Services.
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Number of children aged 16 years and under at 30 June 2020 waiting for initial an appointment (count of Waiting List Entries)* Specialty Urgency Category 1 Urgency Category 2 Urgency Category 3 Cardiology 0 2 3 Child Medical Officer 0 0 13 Paediatrician 0 0 305 Social Worker 0 0 1 Dermatology 8 4 4 Endocrinology 0 1 1 Ear, Nose and Throat 7 435 568 General Surgery 0 4 5 Gastroenterology 6 5 2 Gynaecology 0 11 10 Immunology 0 46 707 Neurology 0 2 2 Neurosurgery 0 1 1 Ophthalmology 13 84 114 Oral-Maxillofacial Surgery 0 6 7 Orthopaedic Surgery 0 15 11 Paediatrics 59 306 543 Paediatric Surgery 24 308 16 Plastic Surgery 1 26 26 Radiology 0 1 0 Registrar 0 5 8 Respiratory 0 2 0 Registered Nurse 0 0 2 Urology 0 2 2 Vascular 0 2 0 * Data unaudited – may include patients who were uncontactable or did not attend appointments but are retained on the wait list.
Table 4B Table 4B shows the median wait time (days) of all paediatric patients (aged 16 years and under) as at 30 June 2020 awaiting initial appointments across Canberra Health Services.
Median Wait Time for children aged 16 years and under at 30 June 2020 for an initial appointment (days)* Urgency Category Urgency Category Urgency Category Specialty 1 2 3 Cardiology N/A 258 372 Child Medical Officer N/A N/A 363 Paediatrician N/A N/A 275 Social Worker N/A N/A 21 Dermatology 15.5 101.5 1490.5 Endocrinology N/A 91 169 Ear, Nose and Throat 12 383 606 General Surgery N/A 179 288 Gastroenterology 174.5 174 874.5 Gynaecology N/A 36 302 Immunology N/A 51 540 Neurology N/A 211.5 81.5 Neurosurgery N/A 49 211 Ophthalmology 357 450 390 Oral-Maxillofacial Surgery N/A 178.5 270
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Orthopaedic Surgery N/A 312 414 Paediatrics 71 172 258 Paediatric Surgery 12.5 217 149 Plastic Surgery 34 321.5 720 Radiology N/A 958 N/A Registrar N/A 257 306 Respiratory N/A 267.5 N/A Registered Nurse N/A N/A 276 Urology N/A 82.5 1222.5 Vascular N/A 444 N/A * Data unaudited – may include patients who were uncontactable or did not attend appointments but are retained on the wait list.
(5) All regular ACT elective surgery for children is available.
(6) ACT Surgical activity is back to normal operating levels, following the lifting of restrictions.
Nurse-led walk-in centres—costs (Question No 3008)
Mrs Dunne asked the Minister for Health, upon notice, on 22 May 2020:
(1) For each nurse-led walk-in centre, what (a) what was the budget for construction/refurbishment and fit out, (b) what was the actual cost for construction/refurbishment and fit out, (c) what were the reasons for any differences between parts (a) and (b), (d) what was the planned completion date, (e) on what date was the centre commissioned to service and (f) what were the reasons for any differences between parts (d) and (e).
(2) For each financial year or part thereof since the first nurse-led walk-in centre was opened, what (a) was the average cost per presentation, (b) was the total number of presentations and (c) proportion of presentations were (i) treated fully at the centre, (ii) referred to a general practitioner, (iii) referred to an emergency department and (iv) referred elsewhere.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) See Attachment A. (A copy of the attachment is available at the Chamber Support Office).
(2) The first Walk-in Centre opened at Canberra Hospital in May 2010:
2009-10 (Partial financial year) (a) average cost per presentations was not coded separately at this stage; (b) number of presentations was 1,876; and (c) proportion of presentations that were: (i) fully treated at the centre was 48 per cent; (ii) referred to a general practitioner was 25 per cent;
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(iii) referred to an emergency department was 14 per cent; and (iv) referred elsewhere was 13 per cent.
2010-11 (a) average cost per presentations was not coded separately at this stage; (b) number of presentations was 15,237; and (c) proportion of presentations that were: (i) fully treated at the centre was 76 per cent; (ii) referred to a general practitioner was 18 per cent; (iii) referred to an emergency department was 5 per cent; and (iv) referred elsewhere was 1 per cent.
2011-12 (a) average cost per presentations was $138; (b) number of presentations was 17,450; and (c) proportion of presentations that were: (i) fully treated at the centre was 67 per cent; (ii) referred to a general practitioner was 9 per cent; (iii) referred to an emergency department was 5 per cent; and (iv) referred elsewhere was 19 per cent.
2012-13 (a) average cost per presentations was $108; (b) number of presentations was 19,142; and (c) proportion of presentations that were: (i) fully treated at the centre was 71 per cent; (ii) referred to a general practitioner was 6 per cent; (iii) referred to an emergency department was 5 per cent; and (iv) referred elsewhere was 18 per cent.
2013-14 (a) average cost per presentations was $150; (b) number of presentations was 19,687; and (c) proportion of presentations that were: (i) fully treated at the centre was 72 per cent; (ii) referred to a general practitioner was 7 per cent; (iii) referred to an emergency department was 5 per cent; and (iv) referred elsewhere was 16 per cent.
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2014-15 (a) average cost per presentations was $150; (b) number of presentations was 32,980; and (c) proportion of presentations that were: (i) fully treated at the centre was 68 per cent; (ii) referred to a general practitioner was 13 per cent; (iii) referred to an emergency department was 5 per cent; and (iv) referred elsewhere was 14 per cent.
2015-16 (a) average cost per presentations was $187; (b) number of presentations was 34,173; and (c) proportion of presentations that were: (i) fully treated at the centre was 65 per cent; (ii) referred to a general practitioner was 12 per cent; (iii) referred to an emergency department was 6 per cent; and (iv) referred elsewhere was 17 per cent.
2016-17 (a) average cost per presentations was $171; (b) number of presentations was 36,767; and (c) proportion of presentations that were: (i) fully treated at the centre was 80 per cent; (ii) referred to a general practitioner was 9 per cent; (iii) referred to an emergency department was 7 per cent; and (iv) referred elsewhere was 4 per cent.
2017-18 (a) average cost per presentations was $154; (b) number of presentations was 41,544; and (c) proportion of presentations that were; (i) fully treated at the centre was 85 per cent; (ii) referred to a general practitioner was 5 per cent; (iii) referred to an emergency department was 6 per cent; and (iv) referred elsewhere was 4 per cent.
2018-19 (a) average cost per presentations has not yet been finalised as this is reliant on National Published Data Sets yet to be published;
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(b) number of presentations was 61,216; and (c) proportion of presentations that were: (i) fully treated at the centre was 85 per cent; (ii) referred to a general practitioner was 5 per cent; (iii) referred to an emergency department was 6 per cent; and (iv) referred elsewhere was 4 per cent.
2019-20 to 29 February 2020 the (a) average cost per presentations has not yet been finalised as this is reliant on National Published Data Sets yet to be published; (b) number of presentations was 48,468; and (c) proportion of presentations that were: (i) fully treated at the centre was 83 per cent; (ii) referred to a general practitioner was 7 per cent; (iii) referred to an emergency department was 6 per cent; and (iv) referred elsewhere was 4 per cent.
Municipal services—playgrounds (Question No 3041)
Ms Le Couteur asked the Minister for City Services, upon notice, on 5 June 2020:
(1) How many ACT Government owned and managed playgrounds are (a) fully fenced, (b) partially fenced and (c) not fenced.
(2) Can the Minister provide information on why some ACT Government owned and managed playgrounds are fenced and others not, for example, proximity to roads, because some are for very small children etc.
(3) Is there a plan to add or remove fencing from ACT Government owned and managed playgrounds.
Mr Steel: The answer to the member’s question is as follows:
(1) (a) 14 fully fenced playgrounds (b) 64 partially fenced playgrounds (c) 436 not fenced.
(2) ACT Government owned and managed playgrounds that are partially fenced are generally located within 20 metres of a hazard such as a road, cycle path, carpark, pond, stormwater drain or large drop off. This helps protect children and carers from the adjacent hazards.
Fully fenced playgrounds are also often located close to hazards. While fencing is not considered a substitute for adult supervision, fully fenced playgrounds also cater for special needs children or those with a tendency to run away who may otherwise be exposed to safety risks should they be able to exit the playground unexpectedly.
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(3) The provision of additional fencing to playgrounds will continue to be undertaken where required to mitigate risk. The provision of additional fencing for other reasons such as to increase accessibility for special needs children or respond to community requests will continue to be considered with regard to the available funding and competing priorities. There are no plans to remove fencing on any ACT Government owned and managed playgrounds across Canberra.
Animals—cat containment policy (Question No 3042)
Ms Le Couteur asked the Minister for City Services, upon notice, on 5 June 2020:
(1) What are the ACT Government’s plans to create new cat containment areas in (a) new residential areas and (b) existing residential areas.
(2) What education and enforcement activity within cat containment areas has been undertaken in the last year.
(3) Can the Minister provide details of any fines, warnings, or other sanctions against cat owners who have breached the rules in cat containment areas in the last year.
Mr Steel: The answer to the member’s question is as follows:
(1) a. New suburbs in Gungahlin and Molonglo Valley are likely to be declared as cat containment areas in the future, consistent with the Molonglo Valley Plan for the Protection of Matters of National Environmental Significance (the NES Plan) and the Gungahlin Strategic Assessment Biodiversity Plan. It is anticipated that other new suburbs will be declared in the future. These are suburbs where the presence of cats could likely to be a serious threat to native flora and fauna in the area.
b. Broader cat containment is being considered through the development of a Cat Plan. A draft Cat Plan was released for consultation in 2019. The ACT Government is working through the outcomes of this consultation to ensure a balanced outcome for cats, owners and the environment.
(2) Managing cats is the responsibility of the pet owner and Transport Canberra and City Services (TCCS) takes an educational approach to cat containment through providing advice to residents via individual enquiries and through the TCCS website. This is in line with the general expectation that the community will act responsibly and with regard for the law and the well-being of others and the environment. When receiving Animal Nuisance complaints relating to cats, Rangers undertake an educational approach with the owners, where possible, as an initial response.
(3) In the 2019-20 financial year, one infringement has been issued under S82 of the Domestic Animal Act 2004, for breach of cat containment.
Recycling—costs (Question No 3044)
Ms Le Couteur asked the Minister for Recycling and Waste Reduction, upon notice, on 5 June 2020:
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What is the cost per tonne of recycling under the (a) Container Deposit Scheme and (b) standard kerbside recycling scheme.
Mr Steel: The answer to the member’s question is as follows:
(a) The Container Deposit Scheme is fully funded by beverage suppliers and costs are calculated by container. These costs can be found at www.actcds.com.au
(b) The cost per tonne of recycling under the standard kerbside recycling scheme is $220.58 per tonne
Waste—audits (Question No 3045)
Ms Le Couteur asked the Minister for Recycling and Waste Reduction, upon notice, on 5 June 2020:
How often are waste audits conducted and are the results public; if not, why not.
Mr Steel: The answer to the member’s question is as follows:
Full waste stream audits are commissioned by ACT NoWaste every three to five years. Final reports are published at www.cityservices.act.gov.au
Hospitals—surgical beds and operating theatres (Question No 3054)
Mrs Dunne asked the Minister for Health, upon notice, on 19 June 2020:
(1) How many operating theatres were provided in (a) each public hospital in Canberra and (b) private hospitals across Canberra, as at the date this question was published in the Questions on Notice Paper.
(2) How many surgical beds were provided in (a) each public hospital in Canberra and (b) private hospitals across Canberra, as at the date this question was published in the Questions on Notice Paper.
(3) If data is not collected in relation to numbers of operating theatres and surgical beds in private hospitals across Canberra, what is the Government’s best knowledge of the respective figures.
(4) How many (a) operating theatres and (b) surgical beds, will be provided in each public hospital in Canberra by the end of 2025.
(5) What studies and modelling exercises have been undertaken, are underway, or are planned as to operating theatre and surgical bed requirements in Canberra’s public hospitals beyond 2025 and what quanta of operating theatre and surgical bed requirements emerged from those studies and modelling exercises.
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(6) For studies and modelling exercises that are underway or planned, when will they be completed.
(7) During those studies and modelling exercises referred to in part (5), what advice was or will be sought from, or consultation undertaken with, relevant clinicians and their representative organisations.
(8) What are the benchmark ratios of surgical beds to operating theatres for peer hospitals to Canberra’s public hospitals.
(9) If there are no benchmarks as referred to in part (8), how were the ratios determined in those studies and modelling exercises for future need in Canberra’s public hospitals and how do the planned ratios compare to those in place in peer hospitals.
(10) What planning is in place to deliver on the need for growth in the number of operating theatres and surgical beds in Canberra’s public hospitals beyond 2025.
(11) What arrangements are in place with private hospitals to facilitate surgical procedures for, and care of, public patients in their facilities.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) On 19 June 2020: (a) Canberra Hospital had 13 theatres available and Calvary Public Hospital Bruce had 7 theatres available. (b) The ACT Health Directorate does not report on private hospital theatre capacity.
(2) On 19 June 2020: (a) Calvary Public Hospital Bruce had 24 beds available for surgical activity. Canberra Hospital had 185 beds available for surgical activity, not including beds on the paediatric ward that are utilised for paediatric surgical patients as required. (b) The ACT Health Directorate does not report on private hospital surgical bed numbers.
(3) The ACT Health Directorate does not report on private hospital theatre or surgical bed numbers.
(4) By the end of 2025: (a) Based on current health infrastructure funding commitments, with the commissioning of the Canberra Hospital Expansion, Canberra Hospital will have 22 operating theatres and Calvary Public Hospital Bruce will have seven operating theatres. (b) The Territory-wide Health Service Plan is currently being developed and will model requirements for surgical beds at 2025. Decisions about where any additional beds would be located will be made when the plan is complete.
(5) A Territory-wide Health Service Plan is currently being developed and will model requirements for theatres and surgical beds in the ACT into the future. This modelling will replace any historical activity modelling as it will be based on current population projections and clinical trends.
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At this stage, base case projections have been completed. The next step in the planning process will be to apply scenario modelling to the base projections for foreseen changes to service models, technology and clinical trends.
The base case projections indicate a need for 26 operating theatres across the ACT in 2031/32 and 30 in 2036/37. Base case projections, subject to scenario modelling for service changes and contemporary models of care, indicate a requirement for 315 surgical beds across the ACT in 2031/32 and 353 in 2036/37.
(6) It is anticipated that the Territory-wide Health Service Plan will be completed in the first half of 2021. Canberra Health Services is developing a Clinical Services Plan that will cascade planning undertaken for the Territory-wide plan to the Canberra Health Services context. It is anticipated that the Canberra Health Services Clinical Services Plan will be completed by June 2021.
(7) Between November 2019 and March 2020, approximately 80 consultation sessions were undertaken with stakeholders from Canberra Health Services, Calvary Public Hospital Bruce, non-government organisations (NGO) funded by ACT Health Directorate as well as aged care providers in the ACT to inform development of the Territory-wide Health Service Plan and a Canberra Health Services Clinical Services Plan. It is anticipated that further consultations will be undertaken in late 2020.
The Canberra Health Services Clinical Services Plan will be framed on advice of clinicians and supporting analysis. Workshops attended by hundreds of clinicians from all specialties and service lines within Canberra Health Services were held in late 2019 when work on the Clinical Services Plan commenced.
(8) Benchmark ratios of surgical beds to operating theatres have not been applied. Planning for surgical bed requirements has not applied a ratio of surgical beds to theatres.
(9) Modelling for surgical bed requirements at a hospital reflects the volume and case mix of surgical procedures and the mix of same day and multi-day activity. Projections for surgical bed requirements are calculated using five year trends in activity, adjusted for population growth, ageing and impacts of planned models of care and service delivery. Benchmarking has not been undertaken for the reasons mentioned above.
(10) ACT Health Directorate is currently undertaking long-term strategic planning projects including the Canberra Hospital Master Plan, and the northside hospital options analysis. These projects will inform decisions on delivering the projected infrastructure growth requirements.
(11) In addition to service agreements for the provision of services under the National Partnership Agreement – Covid-19 Response, ACT Health Directorate has six service agreements with six private hospitals to provide elective surgery procedures through a panel of providers arrangement.
Waste collection—William Hovell Drive (Question No 3067)
Mrs Kikkert asked the Minister for City Services, upon notice, on 19 June 2020:
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(1) What was the date of the last litter collection for William Hovell Drive.
(2) When will litter collection be carried out next for William Hovell Drive.
Mr Steel: The answer to the member’s question is as follows:
(1) 17 June 2020.
(2) 14 July 2020.
Transport Canberra—employee expenses (Question No 3162)
Miss C Burch asked the Minister for Transport, upon notice, on 3 July 2020:
What is the total cost of employee expenses for Transport Canberra for (a) April and May 2019 and (b) April and May 2020.
Mr Steel: The answer to the member’s question is as follows:
Employee Costs 000’s 000’s Month April May A - 2019 8,782 10,703 B - 2020 10,329 9,968
Employee costs in the 2019-20 financial year have been influenced by a number of factors including:
• Additional employees being engaged to undertake additional cleaning and sanitising of Transport Canberra Operations assets due to the COVID-19 pandemic. • Prior to 1 July 2019 ACTION buses were under one cost centre, all other related sections such as Light Rail support sat within Transport Canberra and City Services (TCCS). When the Transport Canberra (TC) entity was created on 1 July 2019 all staff were transferred to the TC entity. This should be considered when comparing wage costs of Transport Canberra Operations /ACTION between April/May 2019 and 2020 as the composition of staff has changed. • The ongoing recruitment of permanent drivers throughout 2019-20 to meet the operational requirements of Network 19.
Note that due to the school holiday network in operation, costs are usually lower in April. However, costs were lower for May 2020 in comparison to April 2020 due to the fact that three payment runs were made in April (2/4, 16/4 and 30/4) and only two in May (14/5 and 28/5).
Schools—teacher librarians (Question No 3165)
Ms Lee asked the Minister for Education and Early Childhood Development, upon notice, on 3 July 2020:
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(1) How many government primary schools have a designated and qualified full time teacher librarian this calendar year.
(2) How many government primary schools had a designated and qualified full time teacher librarian last calendar year.
(3) How many government high schools have a designated and qualified full time teacher librarian this calendar year.
(4) How many government high schools had a designated and qualified full time teacher librarian last calendar year.
(5) How many government colleges have a designated and qualified full time teacher librarian.
(6) How many government colleges had a designated and qualified full time teacher librarian last calendar year.
Ms Berry: The answer to the member’s question is as follows:
This information is not held centrally. ACT public schools plan and manage their workforce profile based on their individual school educational programs and priorities, the needs of their students and communities. Principals strive to allocate their staffing budget to meet a wide range of needs, which vary from school to school in terms of complexity, resourcing and requirements.
All students, when using school libraries are supported by either a qualified teacher librarian or other suitably qualified education professional, to assist them in engaging in their learning.
ACT Health—elective surgery (Question No 3167)
Mrs Jones asked the Minister for Health, upon notice, on 3 July 2020:
(1) In relation to the 1 July 2020 announcement about elective surgery and outpatient clinics and elective surgery, how (a) many additional elective surgeries will this funding provide, (b) is this broken down by surgery category and (c) how is this broken down by the type of surgery performed (eg knee replacement, hip replacement)
(2) In relation to how these additional surgeries will be achieved, (a) how many will be performed in the public system, (b) how many will be performed in the private system, (c) what is the schedule of fees that will be charged for each type of surgery performed for any work performed in the private and (d) will there be a change to surgery shifts in the public system, such as twilight, late- or over-night work; if so, what are these changes.
(3) What discussions have been had with private providers about the delivery of these additional elective surgeries, with whom were these discussions had and on what dates.
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(4) What discussions have been had with unions about the delivery of these additional elective surgeries, with whom were these discussions had and on what dates.
(5) What discussions have been had with allied health teams about the delivery of these additional elective surgeries, with whom were these discussions had and on what dates.
(6) How will this be communicated to patients.
(7) What communications strategy has been developed to ensure appropriate and timely communication.
(8) What is breakdown by role/position of the team in charge of communicating these additional services to patients.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) a) This will fund up to 2000 elective surgeries. b) Yes, see below.
Category Number 1 160 2 865 3 975 Total 2000
c) The provision of a listing by procedure may identify individuals. While data has been de-identified for the purposes of reporting the lower numbers in some patient cohorts may enable re-identification. The majority of long-waits are in the specialties of orthopaedics, Ear, Nose and Throat, general surgery, plastics, gynaecology, urology, oral and maxillofacial, vascular and ophthalmology and are managed by urgency rather than type of surgery performed.
(2) a) Approximately 1000 additional surgeries will be performed in the public system. b) Approximately 1000 additional surgeries will be performed in the private system. c) There are existing memoranda of understanding with private hospitals. The fee applied can only be determined after assessing a request for quotes from the private hospitals for the work to be undertaken. d) There is no plan to change working hours outside of normal business hours for the public system. Normal business hours are 7:30am-5:30pm, Monday to Friday.
(3) All private hospitals which have an existing memorandum of understanding with the ACT Health Directorate were contacted via email on 18 June 2020 requesting information regarding what capacity they have to support the additional public elective surgery. This correspondence was sent to the General Managers of each private hospital.
(4) A briefing was conducted on 2 July 2020 by the Chief Operating Officer and the Executive Group Manager, People and Culture, Canberra Health Services (CHS). The unions invited to attend this briefing included the Australian Medical Association,
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Visiting Medical Officers Association, Australian Nursing and Midwifery Federation, Health Services Union, Community and Public Sector Union and Professionals Australia.
(5) Most of these procedures do not require care provided by allied health professionals. Where allied health services are required, existing protocols are in place to manage these.
(6) Patients will be informed of their date of surgery by the elective surgery booking office of each hospital undertaking the elective procedures.
(7) A communication strategy has been developed by the Territory-wide Surgical Services Committee which includes information provided on the ACT Government website on boosting elective surgery.
(8) Much of these additional services to patients is an expansion of business as usual pathways for Territory-wide Surgical Services. The key position at CHS is the Assistant Director of Nursing, Surgical Bookings, and the key positions at Calvary Public Hospital Bruce is the Perioperative Administration Manager.
ACT Health—dental appointments (Question No 3168)
Mrs Jones asked the Minister for Health, upon notice, on 3 July 2020:
(1) In relation to the 1 July 2020 announcement about elective surgery and outpatient clinics and additional dental appointments, (a) how will these additional procedures be delivered, (b) how is this broken down by category, (c) how is this broken down by type of procedure, (d) how many will be performed in the public system, (e) how many will be performed in the private system and (f) what is the schedule of fees that will be charged for each procedure delivered in the private system.
(2) What discussions have been had with private providers about the delivery of these additional dental appointments, with whom were these discussions had and on what dates.
(3) What discussions have been had with unions about the delivery of these additional dental appointments, with whom were these discussions had and on what dates.
(4) What discussions have been had with allied health teams about the delivery of these additional dental appointments, with whom were these discussions had and on what dates.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) a) The additional procedures will be delivered by referral from Oral Health Services to the External Restorative Referral Scheme. The Scheme provides clients with vouchers to be seen by dentists in the private sector. b) There are no categories for the dental waiting list. c) The Scheme provides for clients to be issued with a voucher to be seen by a private dentist for dental services up to the value of $1,800.
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d) No procedures will be performed in the public system. e) 100 per cent of the dental services will be performed in the private system. f) Up to the value of $1,800.
(2) All participating providers have been advised that Oral Health Services will be referring clients via the External Restorative Referral Scheme. No discussions have occurred with providers regarding the specific number of clients who may be referred under the Scheme.
(3) A briefing was conducted on 2 July 2020 by the Chief Operating Officer and the Executive Group Manager, People and Culture, Canberra Health Services in relation to additional elective surgery and outpatient clinics. The unions invited to attend this briefing included the Australian Medical Association, Visiting Medical Officers Association, Australian Nursing and Midwifery Federation, Health Services Union, Community and Public Sector Union and Professionals Australia.
(4) Most of these procedures do not require care provided by allied health professionals. Where allied health services are required, existing protocols are in place to manage these.
ACT Health—endoscopy (Question No 3169)
Mrs Jones asked the Minister for Health, upon notice, on 3 July 2020:
(1) In relation to the 1 July 2020 announcement about elective surgery and outpatient clinics and additional endoscopy procedures, (a) how will these additional procedures be delivered, (b) how many will be performed in the public system, (c) how many will be performed in the private system and (d) what is the schedule of fees that will be charged for each procedure delivered in the private system.
(2) What discussions have been had with private providers about the delivery of these additional endoscopy procedures, with whom were these discussions had and on what dates.
(3) What discussions have been had with unions about the delivery of these additional endoscopy procedures, with whom were these discussions had and on what dates.
(4) What discussions have been had with allied health teams about the delivery of these additional endoscopy procedures, with whom were these discussions had and on what dates.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) a) The endoscopy procedures will be undertaken as admitted day cases leveraging unused capacity at private facilities. b) It is estimated less than 10 per cent will be undertaken in the public system. c) Approximately 90 per cent will be undertaken in the private system.
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d) There are existing memoranda of understanding with private hospitals. The fee applied can only be determined after assessing a request for quotes from the private hospitals for the work to be undertaken.
(2) Discussions were held with Calvary Bruce Private Hospital via email on 3 June 2020 regarding additional endoscopies that could be undertaken. A meeting was held on 12 June 2020, attended by the Director, Territory-wide Surgical Services and the General Manager, Calvary Bruce Private Hospital.
(3) A briefing was held on 2 July 2020 with the Chief Operating Officer and the Executive Group Manager, People and Culture, Canberra Health Services in relation to additional elective surgery and outpatient clinics. The unions invited to attend this briefing included the Australian Medical Association, Visiting Medical Officers Association, Australian Nursing and Midwifery Federation, Health Services Union, Community and Public Sector Union and Professionals Australia.
(4) Allied health teams are not involved in the normal delivery of endoscopy procedures.
ACT Health—outpatient services (Question No 3170)
Mrs Jones asked the Minister for Health, upon notice, on 3 July 2020:
(1) In relation to the 1 July 2020 announcement about elective surgery and outpatient clinics and outpatient services, (a) how many additional outpatient services will this funding provide, (b) how is this broken down by outpatient service category, (c) how many outpatient services will be delivered in the public system, (d) how many outpatient services will be performed in the private system, (e) what is the schedule of fees that will be charged for each outpatient service category delivered in the private system, (f) have the rules and/or key performance indicators for outpatient service delivery been amended; if not, by what means will the government ensure that these additional outpatient services are delivered and (g) will medical students be used to deliver these outpatient services; if so, in how many of these outpatient services will they be used.
(2) What discussions have been had with private providers about the delivery of these additional outpatient services, with whom were these discussions had and on what dates.
(3) What discussions have been had with unions about the delivery of these additional outpatient services, with whom were these discussions had and on what dates.
(4) What discussions have been had with allied health teams about the delivery of these additional outpatient services, with whom were these discussions had and on what dates.
(5) How will this be communicated to patients.
(6) What communications strategy has been developed to ensure appropriate and timely communication.
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(7) What is breakdown by role/position of the team in charge of communicating these additional services to patients.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) a) This funding will provide up to 14,000 additional outpatient services. b) This is broken down by the following outpatient service categories: • 12 per cent for Category 1; • 43 per cent for Category 2; and • 45 per cent for Category 3. c) A plan is currently being developed for how the backlog services will be provided. At this stage, it has not been determined how many will be undertaken in public health facilities. d) A plan is currently being developed for how the backlog services will be provided. At this stage, it has not been determined how many will be undertaken by private providers. e) There are currently no memoranda of understanding with private providers, however if services are undertaken by private providers the fee will be the Medicare Benefits Schedule (MBS) fee. f) There has been no change to the rules and/or key performance indicators for outpatient service delivery. A review of the long-wait referrals as at 31 May 2020 has been undertaken and specialities have been identified that require additional services to be provided. This listing will be monitored monthly. g) No, medical students will not be used to provide outpatient services. Medical students will continue to participate in outpatient clinics as part of their specialty rotations for training purposes only.
(2) Limited discussions have occurred with Private providers at this time. As the plan for addressing the backlog develops further discussions will occur.
(3) A briefing was conducted on 2 July 2020 by the Chief Operating Officer, and the Executive Group Manager, People and Culture, Canberra Health Services in relation the additional funding for activities. The unions invited to attend this briefing included the Australian Medical Association, Visiting Medical Officers Association, Australian Nursing and Midwifery Federation, Health Services Union, Community and Public Sector Union and Professionals Australia.
(4) All clinical divisions have been informed of this work. The funding targets medical specialist outpatients. Allied health is critical in supporting some of the medical specialist outpatient services and, where appropriate, will be used to help reduce backlog numbers. Further consultation will occur over the coming weeks with all staff.
(5) Patients will be informed of their appointment date as per normal processes for all outpatient appointments.
(6) The Outpatient Transformation Steering Committee will govern the outpatient component. Through this Committee, communication to all stakeholders including consumers, primary health care and private providers will be managed. A specific
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communication strategy is not intended at this time, but rather the use of existing communication processes to update consumers and their referrers on their progression to an appointment will occur.
(7) Communication to patients regarding upcoming appointments is managed through administrative teams comprising an Administrative Services Officer (ASO) 2/3, ASO4, ASO5 and Senior Officer Grade C level staff.
ACT Health—costs (Question No 3171)
Mrs Jones asked the Minister for Health, upon notice, on 3 July 2020:
(1) In relation to the 1 July 2020 announcement about elective surgery and outpatient clinics, (a) what is the cost breakdown of this $30 million spend, (b) how much will be spent on elective surgery, (c) how many will be spent on additional specialist outpatient appointments, (d) how much will be spent on additional endoscopy procedures, (e) how much will be spent on school checks for kindergarten children, (f) how much will be spent on child development checks through the Maternal and Child Health clinic and (f) how much will be spent on additional dental appointments.
(2) Has there been a new appropriation for the funding of this $30 million; if not, is this funding coming from within the existing health budget; if not, where is this money being funded from.
(3) What is the cost breakdown on all money spent for COVID-19 health related funding and is any of this $30 million coming from reprioritised COVID-19 related funding; if so, what is the breakdown of where it came from.
(4) What is the (a) projected and (b) actual end of year budget position for 30 June 2020 for (i) Canberra Health Services and (ii) ACT Health Directorate.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) a-g)
The ACT Government has allocated up to $29.95 million for COVID-19 health system recovery, with approximate breakdown as follows:
Service Cost ($m) Elective Surgery $20.517 Specialist Outpatients $3.500 Endoscopy $1.784 School Checks for Kindergarten Children $0.025 Child Development Checks $1.000 Dental Appointments $2.105 Support Services $1.019 Total $29.95
(2) Yes.
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(3) Under the National Partnership on COVID-19 Response agreement, the states and territories submit monthly estimates to the National Health Funding Body on the 15th of each month for the following month.
COVID-19 expenditure under the NPA are under three categories. The estimates submitted to 30 June 2020 are as follows:
(Data is available at the Chamber Support Office).
Total funding received from the Commonwealth to 30 June 2020 is $41.668 million.
This total includes the Private Hospital Viability Payment, which is 100 per cent funded by the Commonwealth. Funding for hospital services payments and state public health payments are funded 50:50 with the ACT.
The estimated impact of $68.756 million is subject to reconciliation and may be impacted by the results of this review undertaken by the Commonwealth. Any unspent 2019-20 appropriation for COVID-19 response was returned to Consolidated Revenue.
(4) The financial results for the year ended 30 June 2020 for Canberra Health Services and the ACT Health Directorate have not been completed. These figures will be published in the respective Annual Reports.
Environment—Hackett horse paddocks (Question No 3172)
Ms Lee asked the Minister for the Environment and Heritage, upon notice, on 3 July 2020:
(1) What is the current status of the Hacket horse holding paddocks.
(2) Has any community consultation process been undertaken for future management of this area.
(3) Are any particular additional protections being considered for the regent honeyeater, superb parrot and gang gangs that have been sighted in the area recently after a long absence; if so, what are they; if not, why not.
Mr Gentleman: The answer to the member’s question is as follows:
(1) The horse paddocks are currently operating and being managed by Territory Agistment Pty Ltd. Between 10-12 horses are agisted on site.
(2) No.
(3) The flora and fauna ecosystems and values at the Watson/Hackett horse paddocks, including habitat of the Regent Honeyeater, Superb Parrot and the Gang-gang Cockatoo, which are nationally, or locally endangered or vulnerable bird species, are being considered.
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Planning—artificial grass (Question No 3177)
Ms Le Couteur asked the Minister for Planning and Land Management, upon notice, on 3 July 2020:
(1) During Question Time on 18 June 2020, in response to the question “will the Territory Plan variation for living infrastructure which was under consultation earlier this year also count artificial grass as green space?” and the Minister’s response that stated “It does, depending on what it is used for. I can advise, of course, that living infrastructure can be artificial grass.”; under what circumstances would the draft variation allow artificial grass to be considered living infrastructure, and what is the benefit of doing so.
(2) How does the draft variation treat artificial grass with respect to (a) planting area, (b) open space (private/communal) and (c) site coverage.
Mr Gentleman: The answer to the member’s question is as follows:
(1) Areas of artificial grass over a permeable surface can be counted towards planting area under the draft variation. Artificial grass may be considered a suitable alternative for low maintenance gardens, for elderly or infirm residents who are unable to care for lawns or in locations where access for lawnmowing is not feasible. Where properly constructed, artificial grass provides a suitably draining substrate, similar to a grass lawn.
(2) (a) The draft variation definition for planting area is: “an area of land within a block that is available for landscape planting and that is not covered by buildings, structures, vehicle parking and manoeuvring areas or any other form of impermeable element that impacts permeability of the ground surface (i.e. terraces, pergolas, patios, decks or pools)”
A key consideration is related to the permeability of the ground. Properly constructed artificial lawns can be permeable when they are laid over a permeable substrate and can include tree plantings. If artificial lawn is laid over concrete or other impermeable substrate, then it would not be counted towards planting area. (b) The Territory Plan definition of private open space is: “an outdoor area within a block useable for outdoor living activities, and may include balconies, terraces or decks but does not include any area required to be provided for the parking of motor vehicles and any common driveways and common vehicle manoeuvring areas. Up to 25 per cent of any part of private open space may be roofed over, except that a balcony may be entirely roofed over”.
The definition does not specify the ground coverage type, only that it not be substantially roofed, or used for vehicle parking or manoeuvring areas. (c) The draft variation definition of site coverage is: “the proportion of actual site covered by buildings, including roofed terraces, pergolas, patios, decks and balconies but excluding any part of awnings, eaves and the like”
The definition does not specify ground finishes, only areas covered by buildings.
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Land—Curtin horse paddocks (Question No 3178)
Ms Le Couteur asked the Minister for Planning and Land Management, upon notice, on 3 July 2020:
(1) Has the ACT Government entered into an agreement with the National Capital Authority (NCA) to continue the use of the North Curtin horse paddocks for horse agistment for some time in the future; if so, how long is the agreement for.
(2) Is their scope for an extension of time for horse use.
(3) Is the agreement referred to in part (1) a public document.
(4) Has all of the area used for horse agistment in North Curtin been given to the NCA for embassy use; if not, what is the ACT Government’s intention with respect to the remaining land.
(5) Will horse owners be able to continue to use the remaining land.
(6) Have the horse owners been offered a replacement location for agistment of their animals; if so, where, when and on what terms.
Mr Gentleman: The answer to the member’s question is as follows:
(1) The use of the North Curtin horse paddocks is a matter for the National Capital Authority (NCA) and Territory Agistment Pty Ltd. The Commonwealth Government did not require approval of the ACT Government the land for diplomatic purposes. However, in recognition of the impact that the closure of the paddocks would have on the agistees, the ACT Government requested that the NCA provide for an appropriate transition period for the closure of the horse paddocks. As a result, the NCA has publicly committed that there will be no change to the current agistment use or the closure of the horse paddocks for a period of at least two years.
(2) This is a matter for the National Capital Authority.
(3) This is a matter for the National Capital Authority.
(4) The North Curtin Horse Paddocks occupy block 5 section 121 Curtin. Approximately 70% of this block has been declared National Land. Draft Amendment to the National Capital Plan No. 95 (North Curtin Diplomatic Estate and Urban Area) proposes to change the land use policy for the remaining 30% of block 5 section 121 (i.e. area closest to Yarra Glen) from Broadacre to Urban – Residential. This portion of the block remains Territory Land. The use of this land will be informed through work being undertaken as part of the City to Woden Planning Framework project. This work will consider the capability of the land in line with the ACT Planning Strategy and the urban development opportunities due to its proximity to Light Rail Stage 2B. The work will also include community consultation proposed for 2021.
(5) Yes, for an interim period. See the answer to question No. 1.
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(6) The eventual relocation of horses from the paddocks will be a decision between Territory Agistment Pty Ltd and each agistee. The ACT Government is undertaking works to bring online a new agistment area in Pialligo which may be available to current North Curtin agistees and others. The ACT Government is currently upgrading infrastructure on the site as part of the ACT’s Covid-19 economic stimulus response and it is anticipated that this facility will be available in 2022-23 once pastures are properly established.
ACT Policing—drug and alcohol testing of officers (Question No 3179)
Ms Le Couteur asked the Minister for Police and Emergency Services, upon notice, on 3 July 2020:
(1) Under the AFP National Guideline on prohibited drugs, pharmaceutical products and alcohol, which guides ACT Policing, how many officers in the past 12 months have been subject to (a) mandatory targeted testing whereby candidates are identified through a random selection process for (i) prohibited drugs, (ii) pharmaceutical products or (iii) alcohol, (b) mandatory investigation testing whereby candidates are tested as part of Professional Standards investigations or inquiries for (i) prohibited drugs, (ii) pharmaceutical products or (iii) alcohol and (c) mandatory certain incident testing whereby candidates are tested as a result of an occurrence for (i) prohibited drugs, (ii) pharmaceutical products or (iii) alcohol.
(2) Of those positive tests, how many have been for (a) opiates, (b) sympathomimetic amines (amphetamines and the like), (c) cannabis metabolites, (d) cocaine metabolites, (e) anabolic steroids and (f) benzodiazepines.
(3) What action is taken if an officer is found to be under the influence of these (including misuse of pharmaceuticals) drugs during work hours.
Mr Gentleman: I am advised that the answer to the member’s question is as follows:
(1) From 1 July 2019 to 30 June 2020: • 342 random mandatory drug tests were conducted on ACT Policing employees. These tests determine use of prohibited drugs and pharmaceuticals. • 22 mandatory drug tests were conducted on ACT Policing members as a result of Professional Standards investigations or inquiries. These tests determine use of prohibited drugs and pharmaceuticals. • Professional Standards have not responded to any critical incidents within the ACT in the past 12 months (1 July 2019 to 30 June 2020), where the circumstances required a drug and alcohol response. (2) From 1 July 2019 to 30 June 2020, three verified positive results were obtained for ACT Policing employees. • One sworn ACT Policing member returned a positive result for cocaine and benzoylecgonine. • One sworn ACT Policing member returned a positive result for Selective Androgen Receptor Modulators (SARMs).
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• One unsworn ACT Policing employee returned a positive result for ketamine, methylenedioxymethamphetamine (MDMA), methylenedioxyamphetamine (MDA), cocaine and benzoylecgonine.
(3) AFP Professional Standards has a 24 hours, seven days a week, on call, drug and alcohol response, which includes an AUSHEALTH response (AUSHEALTH is contracted by the AFP to provide drug and alcohol testing services).
Drug test results determine if prohibited drugs and pharmaceuticals have been consumed within a period of time. Depending on the sample taken, the period of time can range from a few days to a few months. Also, due to the samples requiring processing in a laboratory, it can take between 2-5 days for the result to be provided to Professional Standards. The result is then verified by the AFP Medical Review Officer before a confirmed positive result in known. Therefore, if a confirmed positive result is obtained, the exact time of prohibited drug or pharmaceutical consumption, and whether it was during work hours, is not able to be established.
If a verified positive result for drug use is confirmed, the details are entered into the AFPs complaint management system as a complaint, which is assessed by Professional Standards. Pending the specifics of each individual circumstance, it can result in a PRS investigation under Part V of the Australian Federal Police Act 1979, or be referred to the Australian Commission for Law Enforcement Integrity under the Law Enforcement Integrity Commissioner’s Act 2006 for investigation.
Better suburbs—expenditure (Question No 3180)
Ms Le Couteur asked the Minister for City Services, upon notice, on 3 July 2020:
(1) For each of the 14 Better Suburbs priority areas, what was the (a) total expenditure and (b) user fees revenue, for each of the last three financial years (including 2019/20).
(2) For each of the 14 Better Suburbs priority areas, what is the expected expenditure for the 2020/21 financial year.
Mr Steel: The answer to the member’s question is as follows:
(1) Directorate expenditure relevant to the 14 Better Suburbs priority areas is provided at Attachment A.
Attachment A totals include recurrent expenditure detailed in Attachment B and capital expenditure detailed in Attachment C. Recurrent and capital expenditure have been identified separately due to the significant movements in capital expenditure recorded across Better Suburbs priority areas in the capital program dependent upon active projects in any one year.
Recurrent expenditure has not been adjusted for internal trading within TCCS where expenditure is funded by other business units or by Capital Works. User Charges revenue has been provided at Attachment D. Revenue has been adjusted to remove the impact of internal trading within TCCS, for instance reimbursement for works funded by other business units and under the Capital Works Program where relevant.
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(2) Budgeted Expenditure for the 2020-21 financial year has not been provided. At the time of reply the budget for the 2020-21 year is yet to be finalised.
(A copy of the attachment is available at the Chamber Support Office).
Domestic Animal Services—dogs (Question No 3181)
Ms Le Couteur asked the Minister for City Services, upon notice, on 3 July 2020:
(1) Why has the Domestic Animal Services (DAS) website dropped vital information for prospective adoptions, such as whether the dog is desexed and the estimated age.
(2) Can the information referred to in part (1) be reinstated to assist in future adoptions, especially noting that during the COVID period people are not able to simply drop in to visit DAS.
(3) How many dogs have been (a) impounded, (b) adopted and (c) euthanised during the COVID period.
Mr Steel: The answer to the member’s question is as follows:
(1) Following feedback from customers and the availability of data, changes were made to the Domestic Animal Services (DAS) website in 2018 to improve the information displayed and better assist owners in identifying their lost dogs.
The placement of a picture on the website (as opposed to a link) reduced the number of columns that could be displayed, so the decision was made to remove the desexing status column. Estimated ages referred to in the question were not previously displayed on the website.
(2) DAS is currently working on improvements to the website and will consider the available and required information to assist owners to be re-united with their dogs and for prospective owners to find a suitable match for their needs. These improvements are expected to be complete before the end of the 2020 calendar year.
(3) In the period 1 March 2020 to 31 July 2020, Domestic Animal Services has had a total of (a) 309 impoundments, (b) 113 adoptions and (c) 22 dogs euthanised.
Schools—maintenance of ovals (Question No 3182)
Mrs Kikkert asked the Minister for Education and Early Childhood Development, upon notice, on 3 July 2020:
(1) How many schools in the ACT pay for the maintenance of their ovals.
(2) What are the names of the schools referred to in part (1).
(3) Are funds for oval maintenance a separate funding allocation to a school’s budget; if so, how much money do each of these schools receive for oval maintenance costs.
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(4) How many schools in the ACT do not pay for the maintenance of their ovals.
(5) What are the names of the schools referred to in part (4) and who pays for maintenance.
(6) What kind of work is required to be undertaken by schools who are responsible for their oval maintenance.
Ms Berry: The answer to the member’s question is as follows:
1) There are 28 ovals on the ACT Education Directorate asset register which are to linked to 27 school sites.
2) Ainslie Primary School Lanyon High School Alfred Deakin High School Macquarie Primary School Belconnen High School Melba Copland High School Calwell High School Melrose High School Campbell High School Mt Stromlo High School Canberra High School Narrabundah College Caroline Chisholm High School Narrabundah Early Childhood School Charles Weston School North Ainslie Primary School Dickson College Red Hill Primary School Evatt Primary School Telopea Park High School (including Forrest Montgomery Oval) Fadden Primary School Turner Primary School Forrest Primary School UC Kaleen High School Fraser Primary School Wanniassa High School Kingsford Smith School
3) Schools are funded for minor maintenance through the School Operational Allocation. There is no separate allocation for maintaining ovals, however the amount of funding allocated to a school for minor maintenance depends on the assets at that school.
4) All 27 schools who have an Education Directorate owned oval as an asset listed above use the SOA allocation to maintain the oval. If due to varying circumstances the oval has fallen into disrepair, the school can contact the Infrastructure and Capital Works branch within the Directorate to seek assistance.
5) Refer to above response (Q4).
6) Under the SOA, schools are responsible for the management of grounds maintenance including ovals, but not limited to: • Irrigation system maintenance (excluding backflow prevention devices) • Turf maintenance (including mowing, edging, fertilizing and watering) • Maintenance of synthetic turf installations in accordance with manufacturer’s specifications • Removal of trip and slip hazards • Shrubs and gardens maintenance • Plant pest, disease and weed control
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• Loose and rubberised soft fall • Miscellaneous works such as tanbark and granite supplies, leaf raking, sweeping of footpaths and ad hoc labour, and • Sports fields related expenses (including line marking, seating and jump/sand pits).
Children and young people—care subsidy (Question No 3186)
Mrs Kikkert asked the Minister for Children, Youth and Families, upon notice, on 3 July 2020:
(1) How many care leavers applied for an Extended Continuum of Care subsidy (a) in 2018-2019 and (b) from 1 July 2019 to current date.
(2) Of the applications referred to in part (1), how many in each time period were approved
(3) In each time period referred to in part (1), what percentage of care leavers in the ACT applied for an Extended Continuum of Care subsidy.
(4) How many care leavers in the ACT are currently receiving the Extended Continuum of Care subsidy who are age (a) 18, (b) 19 and (c) 20.
(5) What is the average length of time in months that a care leaver in the ACT who receives the Extended Continuum of Care subsidy continues to receive the subsidy.
(6) What was the total cost of providing the Extended Continuum of Care subsidy in 2018-2019.
(7) What was the total coast of all other services provided to care leavers in 2018-2019.
(8) How many young people exited care from residential care in 2018-2019.
(9) How many of those exiting residential care in 2018-2019 applied for after care services.
(10) How many of the applications referred to in part (9) were approved.
(11) What was the total cost of providing after care services to those who exited from residential care in 2018-19.
(12) How many young people are currently in foster care who are aged (a) 14, (b) 15, (c) 16 and (d) 17.
(13) How many young people are currently in kinship care who are aged (a) 14, (b) 15, (c) 16 and (d) 17.
(14) How many young people are currently in residential care who are aged (a) 14, (b) 15, (c) 16 and (d) 17.
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Ms Stephen-Smith: The answer to the member’s question is as follows:
1. The Extended Continuum of Care (18-21 years) offers support for young adults and their carers, and: • supports the ongoing placement of the young person with their carer; • ensures that young people who are transitioning to independence and adulthood have their needs and goals identified in a transition plan, with an emphasis on providing appropriate assistance including connection to mainstream and secondary services; • provides stability for the young adult and financial certainty for carers; and • provides ongoing case management to ensure the young person’s needs continue to be met.
Child and Youth Protection Services (CYPS) records indicate the number of young people who applied for an Extended Continuum of Care subsidy in:
a. 2018-19, was 22 young people; and b. 2019-20, was 17 young people.
2. a. In 2018-2019, 21 young people received an Extended Continuum of Care subsidy; and b. In 2019-2020, 17 young people received an Extended Continuum of Care subsidy.
3. a. In 2018-2019, 81 per cent of young people who exited at 18 years applied for an Extended Continuum of Care subsidy; and b. In 2019-20, 63 per cent of young people who exited at 18 years applied an Extended Continuum of Care subsidy.
4. As at 30 June 2020: a. For those young people aged 18 years, 11 are receiving an Extended Continuum of Care subsidy payment; b. For those young people aged 19 years, two are receiving an Extended Continuum of Care subsidy payment; and c. No Extended Continuum of Care subsidy payment is being made for those aged 20 years.
5. The average length of time for receiving a carer payment after the age of 18 years was 5.49 months prior to the introduction of A Step Up for Our Kids strategy. Since this strategy commenced in 2015, the average length of time for receiving the Extended Continuum subsidy has increased to 9.51 months.
Each young person’s application can vary in the length of time depending on their individual needs in transitioning to independence.
6. Under contract arrangements between Barnardos and the ACT Government, Barnardos receive a flat fee per placement, including for those on an Extended Continuum of Care subsidy. The flat fee is commercial in confidence and therefore this amount cannot be provided.
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7. Each young person who applies for the Continuum of Care subsidy has differing needs and the cost for these individualised services is not easily obtained. As indicated in response to question six, ACT Together receive a flat fee per placement.
In 2018-19, there were a further nine young people who received post order support as distinct from the Continuum of Care subsidy. These young people may receive assistance in areas such as assistance to start work or further education, securing housing etc.
8. In 2018-19, five young people aged 18 years and over exited from residential care.
9. Aftercare Support for Care Leavers to 25 years is available to all young people in the care of the Director-General. After care services include but are not limited to the following: • Planning and oversight of therapeutic interventions; • Assisting young adults to access their care records and supporting them when they are reading their records; • Life story work; • Counselling; • Practical supports for example assistance with Transition to Independent Allowance (TILA), assistance with housing applications, assistance with driving lessons etc. • Referral to specific services; • Mediation work with families and/or carers; and • Financial supports and funding of services until the age of 21 years for young adults with high and complex needs.
In 2018-19, 5 young people aged 18 years and over, exited from residential care. Of these young people four received Aftercare Support.
10. A total of five applications for Aftercare Support were approved during the 2018-19 financial year.
11. As indicated in item six, under contract arrangements between Barnardos and the ACT Government, Barnardos receive a flat fee per placement that includes those young people receiving Aftercare Support. The flat fee is commercial in confidence and therefore this amount cannot be provided.
12. As at 30 June 2020, the number of young people in foster care by age group is as follows: a. 12 young people aged 14 years; b. 12 young people aged 15 years; c. 11 young people aged 16 years; and d. 9 young people aged 17 years.
13. As at 30 June 2020, the number of young people in kinship care by age group is as follow: a. 21 young people aged 14 years; b. 19 young people aged 15 years; c. 13 young people aged 16 years; and d. 10 young people aged 17 years.
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14. As at 30 June 2020, the number of young people in residential care by age group is as follows: a. seven young people aged 14 years; b. four young people aged 15 years; c. four young people aged 16 years; and d. six young people aged 17 years.
Municipal services—shopping centre upgrades (Question No 3189)
Mrs Kikkert asked the Minister for City Services, upon notice, on 3 July 2020:
(1) Given that on 18 October 2019, the ACT Government announced upgrades for Fraser shops with the upgrades including new landscaping, improving key pathways and existing stairs, and installation of outdoor furniture in the existing courtyard, when can local residents expect to see the outdoor furniture installed.
(2) What is the total and breakdown of costs for the design, selection and installation of the outdoor furniture.
Mr Steel: The answer to the member’s question is as follows:
(1) The public realm upgrade of the Fraser local shopping centre was completed and open for full public use in May 2020. Following the initial announcement, during the project design phase the need for outdoor furniture was assessed as limited as the focus of the upgrade was on safety and accessibility. The project subsequently did not include any outdoor furniture in the proposal.
(2) See (1).
Roads—traffic signals (Question No 3191)
Mrs Kikkert asked the Minister for City Services, upon notice, on 3 July 2020:
(1) When will construction commence and when will it be completed for new traffic signals at the intersections of (a) Belconnen Way and Springvale Drive, (b) Southern Cross Drive and Starke Street and (c) Kuringa Drive and Owen Dixon Drive.
(2) How much will the installation of traffic signals at each of the intersections referred to in part (1) cost and how much of this cost will be borne by the (a) ACT Government and (b) Commonwealth Government.
(3) When will construction commence and when will it be completed for new traffic signals at the intersections of (a) Southern Cross Drive and Ross Smith Crescent and (b) Southern Cross Drive and Chewings Street.
(4) How much will the installation of traffic signals at each of the intersections referred to in part (3) cost and how much of this cost will be borne by the (a) ACT Government and (b) Commonwealth Government.
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Mr Steel: The answer to the member’s question is as follows:
(1) a. Belconnen Way and Springvale Drive is expected to commence in late 2020 and completed by mid-2021. b. Southern Cross Drive and Starke Street is expected to commence in late 2020 and completed by mid-2021. c. Kuringa Drive and Owen Dixon Drive is expected to commence in late 2020 and completed by mid-2021.
(2) Please refer to Table 1 below. Table 1: Intersection costs and contributions during 2020-21.
Intersection 2020-21 ACT Commonwealth Total Government Government Project Cost Contribution Contribution Belconnen Way and $1.5 million $0.75 million $0.75 million Springvale Drive Southern Cross Drive and $3.5 million $1.75 million $1.75 million Starke Street Kuringa Drive and Owen $3.5 million $1.75 million $1.75 million Dixon Drive
(3) a. Southern Cross Drive and Ross Smith Crescent is expected to commence in early 2021 and completed by mid-late 2021. b. Southern Cross Drive and Chewings Street is expected to commence in early 2021 and completed by mid-late 2021.
(4) The ACT Government received $1.798 million from the Australian Government as part of its Black Spot Program for the signalisation of the above two key intersections on Southern Cross Drive. These are being treated as one project and the ACT Government has not provided any additional funding to this project.
Small memorials—registration policy (Question No 3192)
Mrs Kikkert asked the Minister for City Services, upon notice, on 3 July 2020:
Is a register kept of small memorials allowed by the ACT Government, such as plaques, benches or trees in city parks, erected by individuals and organisations; if so, what details does it include, how far back in time does it go, is it publicly accessible, and how does one access it; if not, why not.
Mr Steel: The answer to the member’s question is as follows:
Transport and Canberra and City Services asset management system data includes some memorials but not a complete list. As a result, the data is indicative and not suitable for public access.
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Active travel—Kuringa Drive (Question No 3193)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 3 July 2020:
(1) Given that the Minister has previously advised that investigations have been undertaken for active travel improvements along Kuringa Drive and that the recommended treatment is for the provision of an off-road cycling facility and in late 2018, the work was estimated to cost approximately $3.5m for the length of Kuringa Drive, what is the estimated cost of building an off-road cycling facility along Kuringa Drive from the Kuringa and Kingsford Smith Drives intersection until Tillyard Drive.
(2) Does the ACT Government have any plans to build this facility; if so, when; if not, why not.
(3) What is the anticipated date of completion for the shared path on Kuringa Drive, as part of the intersection upgrades at Kuringa Drive and Owen Dixon Drive.
(4) Can the Minister provide an attachment of the design plans for the shared path as part of the answer to this question on notice.
Mr Steel: The answer to the member’s question is as follows:
(1) Cost estimates for an off-road shared path along Kuringa Drive from the Kuringa Drive/Kingsford Smith Drive intersection until Kuringa Drive/Tillyard Drive intersection have not been undertaken at this stage.
Investigations have been undertaken for active travel improvements, for a shared path from the Kuringa Drive/Owen Dixon Drive intersection to the Barton Highway.
The estimated cost of $3.5 million is to upgrade the Kuringa Drive/Owen Dixon Drive intersection to a signalised intersection and includes the shared path from this intersection to the Barton Highway only.
(2) The ACT Government does not have any plans at this stage to construct a shared path along Kuringa Drive between Kuringa Drive/Kingsford Smith Drive intersection and Kuringa Drive/Tillyard Drive intersection for the short to medium term.
A future cycling facility along Kuringa Drive from the Kuringa Drive and Kingsford Smith Drive intersection until Tillyard Drive would be investigated as part of a potential future duplication of Kuringa Drive. This work is not an identified short to medium term priority and a feasibility study would need to be undertaken to assess the options of on-road vs off-road.
(3) Construction of the Kuringa Drive/Owen Dixon Drive intersection, including the shared path is expected to be completed by the end of June 2021.
(4) Design plans for the shared path between Kuringa Drive/Owen Dixon Drive intersection to the Barton Highway are attached.
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Roads—speed limits (Question No 3195)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 3 July 2020:
(1) Given that the speed limit for Ginninderra Drive is currently 80 km/h for its entire length, was any consideration given to reducing the speed limit near the intersection with Tillyard Drive as part of installing traffic signals at that intersection; if so, why was this not done.
(2) What are the guidelines for speed limits near such facilities as the emergency services facility located to the west of the intersection.
(3) Are there any other facilities in the ACT that serve both fire trucks and ambulances where the speed limit for the street those vehicles enter is 80 km/h; if not, why is this the case for the Charnwood facility.
Mr Steel: The answer to the member’s question is as follows:
(1) No. National guidance allows traffic signals to be designed to fit within the posted speed limit for the road, except on high speed roads where the posted speed limit is greater than 80km/h. The speed limit is only changed if geometric constraints cannot be achieved by the design. The speed limit on a road is determined by several factors including risk assessment, the function the road is expected to perform and the roads crash history. However, with works at this intersection now completed and traffic behaviour adjusting to the new road environment, Roads ACT is reviewing the speed limit.
(2) There are no guidelines for speed limits near such facilities.
(3) Yes. Examples of facilities that have entries/exits on roads with a speed limit of 80 km/h include Calwell Ambulance Service, ACT Fire and Rescue South Tuggeranong and Kambah Fire Station.
Municipal services—playgrounds (Question No 3196)
Ms Lee asked the Minister for Planning and Land Management, upon notice, on 24 July 2020 (redirected to the Minister for City Services):
(1) What rules and or guidelines apply to the location of playgrounds and play spaces in public areas in the ACT.
(2) Is there a written policy that outlines such things as distance from roads, shops, toilets; if so, can the Minister provide a copy.
(3) What restrictions, if any, apply to the placement of play spaces in public parks, nature reserves, and small open spaces in neighbourhood streets.
(4) Is there a written policy that outlines these restrictions; if so, can the Minister provide a copy.
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Mr Steel: The answer to the member’s question is as follows:
(1) Municipal Infrastructure Standards ‐ 21 Recreation Facilities provides guidelines around playgrounds and play spaces in public areas that are owned and managed by Transport Canberra and City Services (TCCS). https://www.cityservices.act.gov.au/__data/assets/pdf_file/0005/1378535/MIS21- Recreation-Facilities.pdf
(2) See (1)
(3) TCCS owned and maintained playgrounds are situated on public land in urban open space. Restrictions apply if play facilities are proposed to be located in a heritage precinct as described under the Heritage Act 2004 and in areas of rare and threatened species and endangered ecological communities listed under the Nature Conservation Act 2014 including nature reserves. Nature reserves are the responsibility of the Environment, Planning and Sustainable Development Directorate and development of facilities within nature reserves is subject to the relevant Plan of Management.
(4) ACTMAPI provides details of the maps including restricted or sensitive areas which can be accessed at http://actmapi.act.gov.au/
Environment—pest management (Question No 3198)
Ms Lee asked the Minister for the Environment and Heritage, upon notice, on 24 July 2020:
(1) On what basis does the Government determine the scheduling of its rabbit control program in the Watson Woodlands.
(2) Are there factors that influence how often an area will receive maintenance; if so, what are they.
(3) How does the Government ensure consistency of rabbit control maintenance across the ACT.
(4) How effective has the fumigation of rabbit warrens using phosphine gas been in reducing rabbit populations in the ACT.
(5) Is pindone carrot bait more effective; if not, what is.
(6) Will the Government consider routinely laying pindone carrot bait in areas such as the Watson Woodlands in order to maintain low levels of rabbit numbers and limit their proliferation; if so, when will it be rolled out; if not, why not.
Mr Gentleman: The answer to the member’s question is as follows:
(1) Parks and Conservation Services (PCS) manages rabbits within Justice Robert Hope Park (Watson Woodlands) in line with the ACT Pest Management Strategy 2012- 2022. A Rabbit Management Plan (2019-2021) has also been developed for this site, which determines the approach and timing for rabbit management.
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(2) The Rabbit Management Plan outlines a three-year program including the knockdown, follow-up and maintenance phases. After this time the maintenance program will be ongoing if required. The level of intervention will be determined by the results of a program that monitors rabbit numbers. The objective is to manage rabbit numbers at a level that will not adversely impact the values of the reserve.
(3) Rabbit populations are monitored consistently across the PCS conservation estate. Targets for population control are set in priority sites. Management programs to ensure populations remain within target thresholds are designed on a site by site bass.
(4) The use of aluminium phosphine fumigation is one technique amongst several control techniques that is used as part of an integrated approach to reduce rabbit populations to target levels. The timing and sequencing of which control strategy is used is a site by site consideration and dependent on many factors. Long term monitoring across many PCS managed sites subject to rabbit control demonstrate that an integrated approach can significantly reduce rabbit populations.
(5) Like fumigation with aluminium phosphine, poisoning rabbits with pindone carrot is a technique which can be used as part of an integrated approach dependent on specific site characteristics and population density. Other techniques include 1080 poisoning, warren destruction, Biocontrol, harbour removal, habitat modification, shooting and exclusion fencing.
(6) Pindone may be carried out as part of the integrated rabbit control program on the site if deemed appropriate. Extreme care must be used when using pindone due to the risk of secondary poisoning on non-target species including predatory birds.
Health—hydrotherapy (Question No 3199)
Mrs Dunne asked the Minister for Health, upon notice, on 24 July 2020:
(1) Leaving aside the impact of the COVID-19 health emergency, what hydrotherapy facilities have been available on the south side of Canberra since the closure of the hydrotherapy pool at The Canberra Hospital.
(2) What is the status of the Government’s public enquiries about whether there is non-government interest in establishing a new hydrotherapy pool facility on the south side.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) The ACT Health Directorate funds Arthritis ACT to deliver 614 hydrotherapy sessions per year across a variety of Canberra locations, including the University of Canberra Hospital in Bruce. At this stage, Arthritis ACT delivers south side sessions at Aquatic Achievers in Calwell, Calvary John James Hospital in Deakin and Aqua Harmony in Kambah.
Since the closure of the public Canberra Hospital hydrotherapy pool, the ACT Government has provided further funding to Arthritis ACT for the delivery of extra sessions at Aqua Harmony to ensure continuity of service following the closure of the Canberra Hospital hydrotherapy facilities.
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(2) Responses received through the market sounding process are currently being considered, including working with respondents to better understand the proposals and how they may be considered as part of the broader options for the delivery of hydrotherapy services in Canberra’s south.
Land—Kenny (Question No 3200)
Ms Le Couteur asked the Minister for Planning and Land Management, upon notice, on 24 July 2020:
(1) What is the current status of planning and preparation for land release in Kenny.
(2) What planning and preparation work has been completed to date.
(3) What planning and preparation work is yet to be completed.
(4) Will any community consultation be undertaken; if so, when.
(5) Is a Territory Plan variation required.
(6) What work was completed under the budget initiative “More jobs for our growing city – Urban renewal in Kenny – early planning”.
Mr Gentleman: The answer to the member’s question is as follows:
(1) Planning and preparation work for the Kenny Future Urban Area (FUA) is continuing within the Environment Planning and Sustainable Development Directorate (EPSDD). In June 2019 Government announced a new high school in Kenny. EPSDD, Transport Canberra and City Services Directorate and the Education Directorate are working towards delivering the East Gungahlin High School for opening in 2023.
(2) Significant planning and preparation work has informed the planning and development capability of the Kenny FUA consistent with the outcomes of the Gungahlin Strategic Assessment, including surface and groundwater management. The requirement in the Strategic Assessment for an area of 160ha to be set aside for a future conservation area is also confirmed.
(3) The planning and preparation work for the residential component of the Kenny FUA is not yet completed. Action on the school precinct regarding release to the Education Directorate in 2021 to deliver the high school component for opening in 2023 is also yet to be completed.
(4) Community consultation associated with a technical amendment to put in place a precinct code to further guide the preparation of an Estate Development Plan (EDP) may be required.
(5) A Territory Plan variation is not expected to be required. However, a technical amendment will be required following the approval of an EDP to remove the FUA overlay.
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(6) Work undertaken under the budget initiative “More jobs for our growing city - Urban renewal in Kenny – early planning” since July 2018 has included engagement with important stakeholders including all of the major users of Exhibition Park in Canberra (EPIC), Canberra Harness Racing Club and Thoroughbred Park. Ecological, engineering and heritage investigations have been ongoing, providing input into the planning of Kenny FUA.
Transport—infrastructure (Question No 3202)
Ms Le Couteur asked the Minister for Transport, upon notice, on 24 July 2020 (redirected to the Chief Minister):
Is the Government currently undertaking any work (eg feasibility, design, investigations or studies) on potential future upgrades to, or relocation of, the City public transport interchange; if so, (a) what is the nature of this work, (b) what is the status of this work and when will it be completed, (c) which agencies are undertaking this work and (d) which transport modes does this work address (eg light rail, local buses, interstate coaches, taxis).
Mr Barr: The answer to the member’s question is as follows:
In 2019 the City Renewal Authority commissioned a preliminary feasibility study of a proposal for an underground local and interstate bus station in Civic to replace the at-grade facility. This study concluded that the cost of an underground facility was prohibitive.
The study is now completed.
Roads––Beltana Road (Question No 3203)
Ms Le Couteur asked the Minister for Roads and Active Travel, upon notice, on 24 July 2020:
(1) What is the current status of the Beltana Road Upgrade study.
(2) If the study is not completed, when is it expected to be completed.
(3) If the study has been completed, when will it be publicly released.
Mr Steel: The answer to the member’s question is as follows:
(1) The ACT Government completed a study in August 2019 titled ‘Pialligo Pedestrian Upgrade’. This study includes the identification of Preliminary Sketch Plans. This study further investigated infrastructure and public space improvements recommended in the Pialligo Master Plan 2013. This Master Plan identifies that all recommended capital works for implementation will need to be considered in context of ACT Government priorities and future budgets.
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(2) N/A.
(3) The ACT Government is reviewing the recommendations of this study in the context of future capital funding opportunities.
Canberra Hospital—SPIRE project (Question No 3204)
Mr Coe asked the Chief Minister, upon notice, on 24 July 2020 (redirected to the Minister for Health):
(1) In relation to the SPIRE Project and inpatient beds, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many were planned to be constructed as part of the original SPIRE scope (being the scope as part of stage one of the procurement process), (c) how many beds are there currently at The Canberra Hospital (TCH) and (d) what will be the net change in inpatient beds at TCH be once SPIRE is completed.
(2) In relation to inpatient beds (shelled), (a) how many are planned to be constructed/shelled as part of the SPIRE project, (b) how many were planned to be constructed/shelled as part of the original SPIRE scope, (c) how many, if any, shelled inpatient bed are there currently TCH and (d) what will be the net change in inpatient beds (shelled) at TCH be once SPIRE is completed.
(3) In relation to adult intensive care unit beds, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many were planned to be constructed as part of the original SPIRE scope, (c) how many are there currently at TCH and (d) what will be the net change in adult intensive care unit beds at TCH be once SPIRE is completed.
(4) In relation to paediatric intensive care unit beds, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many were planned to be constructed as part of the original SPIRE scope, (c) how many, if any, are there currently at TCH and (d) what will be the net change in paediatric intensive care unit beds at TCH be once SPIRE is completed.
(5) In relation to coronary care units, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many were planned to be constructed as part of the original SPIRE scope, (c) how many are there currently at TCH and (d) what will be the net change in coronary care units at TCH be once SPIRE is completed.
(6) In relation to cardiac catheterisation laboratories, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many were planned to be constructed as part of the original SPIRE scope, (c) how many are there currently at the Canberra Hospital and (d) what will be the net change in cardiac catheterisation laboratories at TCH be once SPIRE is completed.
(7) In relation to electrophysiology laboratories, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many were planned to be constructed as part of the original SPIRE scope, (c) how many are there currently at TCH; and (d) what will be the net change in electrophysiology laboratories at TCH be once SPIRE is completed.
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(8) In relation to interventional radiology suites, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many were planned to be constructed as part of the original SPIRE scope, (c) how many are there currently at TCH and (d) what will be the net change in interventional radiology suites at TCH be once SPIRE is completed.
(9) In relation to procedure rooms, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many were planned to be constructed as part of the original SPIRE scope, (c) how many are there currently at TCH and (d) what will be the net change in procedure rooms at TCH be once SPIRE is completed.
(10) In relation to emergency department beds, (a) how many are planned to be constructed as part of the SPIRE project, (b) wow many were planned to be constructed as part of the original SPIRE scope, (c) how many are there currently at TCH and (d) what will be the net change in emergency department beds at TCH be once SPIRE is completed.
(11) In relation to standard operating theatres, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many, if any, are planned to be shelled, (c) how many were planned to be constructed as part of the original SPIRE scope, (d) how many, if any, were planned to be shelled, (e) how many are there currently at TCH and (f) what will be the net change in standard operating theatres at TCH be once SPIRE is completed.
(12) In relation to hybrid operating theatres, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many, if any, are planned to be shelled, (c) how many were planned to be constructed as part of the original SPIRE scope, (d) how many, if any, were planned to be shelled, (e) how many are there currently at TCH and (f) what will be the net change in hybrid operating theatres at TCH be once SPIRE is completed.
(13) In relation to day surgical beds, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many were planned to be constructed as part of the original SPIRE scope, (c) how many are there currently at TCH and (d) what will be the net change in day surgical beds at TCH be once SPIRE is completed.
(14) In relation to ambulance bays, (a) how many are planned to be constructed as part of the SPIRE project, (b) how many were planned to be constructed as part of the original SPIRE scope, (c) how many are there currently at TCH, (d) what will be the net change in ambulance bays at TCH be once SPIRE is completed and (e) what, if anything, will happen to the existing ambulance bays.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) In relation to the Canberra Hospital Expansion (CHE) Project (also known as the SPIRE Project) and inpatient beds: a. 148 inpatient beds are planned to be constructed as part of the CHE Project; b. 148 inpatient beds were planned to be constructed as part of the CHE scope (i.e. the ACT Government approved scope); c. current inpatient bed numbers at TCH are in the order of 678; and d. the net change in inpatient beds will depend on future decisions to be taken regarding existing facilities at TCH.
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(2) In relation to inpatient beds (shelled): a. the procurement process included pricing for an option to construct shell space to accommodate future inpatient facilities. This option will be reviewed during the design stage with the Early Contractor Involvement Partner (ECI Partner); b. no shelled inpatient beds were planned to be constructed/shelled as part of the original CHE scope (i.e. the ACT Government approved scope); c. there are currently no shelled inpatient beds at TCH; and d. the net change in shelled inpatient beds will not be known until determination of the matter outlined at item (a) is made during the design stage for the CHE Project.
(3) In relation to adult intensive care unit (ICU) beds: a. 56 adult ICU beds are planned to be constructed as part of the CHE Project, b. there were 56 adult ICU beds planned to be constructed as part of the original CHE scope (i.e. the ACT Government approved scope).; c. there are currently 31 ICU beds at TCH with an additional 8 to be delivered under a separate project; and d. the net change in adult ICU beds will depend on future decisions to be taken regarding existing facilities at TCH.
(4) In relation to paediatric intensive care unit (PICU) beds: a. Four PICU beds are planned to be constructed as part of the CHE Project; b. there were four PICU beds planned to be constructed as part of the original CHE scope (i.e. the ACT Government approved scope); c. there are currently no PICU beds at TCH; and d. this represents a net change of plus four PICU beds at TCH once CHE is completed.
(5) In relation to coronary care units: a. 24 Acute Cardiac Care Unit (ACCU) beds are currently planned to be constructed as part of the CHE Project; b. there were 24 ACCU beds planned to be constructed as part of the original CHE scope (i.e. the ACT Government approved scope); c. there are currently 18 ACCU beds at TCH; and d. the net change in ACCU beds at TCH once CHE is completed will depend on future decisions to be taken regarding existing facilities at TCH.
(6) In relation to cardiac catheterisation laboratories (CCLs): a. Two CCLs are planned to be constructed as part of the CHE Project; b. the ACT Government approved scope included for two CCLs with a further space to be constructed as a shell expansion area; c. there is currently one CCL at TCH; and d. the net change in CCLs at TCH once CHE is completed will depend on future decisions to be taken regarding existing facilities at TCH.
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(7) In relation to electrophysiology laboratories (EPLs): a. One EPL is planned to be constructed as part of the CHE Project; b. there was one EPL planned to be constructed as part of the original CHE scope (i.e. the ACT Government approved scope); c. there is currently one EPL at TCH (NB: this facility is also used for cardiac catheterisations); and d. the net change in EPLs at TCH once CHE is completed will depend on future decisions to be taken regarding existing facilities at TCH.
(8) In relation to interventional radiology suites (IR Suites): a. Four IR Suites are currently planned to be constructed with the Operating Theatres as part of the CHE Project, subject to ongoing clinical engagement; b. there were four IR Suites planned to be constructed as part of the original CHE scope (i.e. the ACT Government approved scope); c. there are currently two IR Suites at TCH; and d. the net change in IR Suites at TCH once CHE is completed will depend on future decisions to be taken regarding existing facilities at TCH, noting it is not currently planned to decommission the two existing IR Suites in Building 12 when the new facility is opened.
(9) In relation to procedure rooms: a. Several types of space can be referred to as procedure rooms. More specific information is required to be able to provide appropriate figures. b. See answer above. c. See answer above d. See answer above.
(10) In relation to emergency department beds (treatment spaces): a. 114 ED treatment spaces are planned to be constructed as part of the CHE Project; b. there were 114 treatment spaces planned to be constructed as part of the original CHE scope (i.e. the ACT Government approved scope); c. there are currently 75 ED treatment spaces at TCH; and d. this represents a net change of plus 39 in emergency department spaces at TCH once CHE is completed.
(11) In relation to standard operating theatres (OTs): a. 16 standard OTs are planned to be constructed as part of the CHE Project (out of 22 total theatres); b. none are planned to be shelled; c. 16 standard OTs were planned to be constructed as part of the original CHE scope (i.e. the ACT Government approved scope); d. no standard OTs were planned to be shelled under the ACT Government approved scope; e. there are currently 13 standard OTs at TCH including one intraoperative MRI neuro theatre; and
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f. the net change in standard OTs at TCH once CHE is completed will depend on future decisions to be taken regarding existing facilities at TCH.
(12) In relation to hybrid operating theatres (OTs): a. Current plans are for 2 hybrid OTs to be constructed as part of the CHE Project (including provision for one intraoperative hybrid MRI suite); b. no hybrid OTs are planned to be shelled under the approved scope; c. two hybrid OTs were planned to be constructed as part of the original CHE scope (i.e. the ACT Government approved scope); d. no hybrid OTs were planned to be shelled; e. there are currently no hybrid OTs at TCH; and f. this represent a net change of plus two in hybrid OTs at TCH once CHE is completed.
(13) In relation to day surgical beds: a. 55 day surgical beds are planned to be constructed as part of the CHE Project; b. 55 were planned to be constructed as part of the original CHE scope (i.e. the ACT Government approved scope); c. there are currently 14 day surgical beds at TCH; and d. the net change in day surgical beds at TCH once CHE is completed will depend on future decisions to be taken regarding existing facilities at TCH.
(14) In relation to ambulance bays: a. 12 ambulance bays are planned to be constructed as part of the CHE Project; b. there were 12 ambulance bays planned to be constructed as part of the original CHE scope (i.e. the ACT Government approved scope); c. there currently 8 ambulance bays at TCH; d. this will represent a net change of plus four in ambulance bays at TCH once CHE is completed; and e. the CHE Project will reconfigure the current ambulance bay location to provide a new public drop off area for TCH main entry point in Building 2.
Canberra Health Services—SPIRE project (Question No 3205)
Mr Coe asked the Chief Minister, upon notice, on 24 July 2020 (redirected to the Minister for Health):
(1) Will there be a dedicated teaching, training and research space in SPIRE; if so, (a) how many square metres will it be and (b) will it be shelled or online at the time SPIRE opens.
(2) How does this differ to the original SPIRE scope as part of stage one of the procurement process.
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Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) The Canberra Hospital Expansion project includes construction of a new clinical acute services building (SPIRE), alongside other enabling works across multiple buildings on the Canberra Hospital campus. The enabling works phase of the project is delivering new facilities for the ANU Clinical School, the Staff Development Unit and Synergy at University of Canberra.
The new Building 8 will also provide a 280m2 Surgical Training Centre.
The Surgical Training Centre will be utilised by the surgical trainees registered in the ACT and other disciplines seeking to train or upskill staff in key clinical procedures such as resuscitation, trauma, and intensive care.
(2) The approach noted above is wholly consistent with the scope approved by the ACT Government.
Planning—number of dwellings (Question No 3206)
Mr Coe asked the Minister for Planning and Land Management, upon notice, on 24 July 2020:
(1) What is the target number of dwellings to be released during 2019-20 to date broken down by (a) standalone residential dwellings, (b) townhouses, (c) apartments and (d) any other relevant category of residential dwellings.
(2) What was the total number of dwellings actually released during 2019-20 to date by (a) standalone residential dwellings, (b) townhouses, (c) apartments and (d) any other relevant category of residential dwellings.
Mr Gentleman: The answer to the member’s question is as follows:
(1) The target number of dwellings to be released during 2019-20 was 3,440, comprising: (a) 710 single dwelling blocks for stand-alone residential dwellings. (b) 245 compact blocks and mid-density dwelling types (includes standalone residential dwellings, terrace or row houses, and ’townhouses’). (c) 2,485 multi-unit dwelling sites (includes apartments and townhouses).
(2) The total number of dwellings released in 2019-20 was 4,035, comprising: (a) 582 single residential blocks; (b) 115 compact blocks (includes standalone residential dwellings, terrace or row houses, and ’townhouses’); and (c) 3,338 dwellings for multi-unit and mixed-use developments (includes apartments and townhouses).
Schools—Throsby (Question No 3208)
Ms Lee asked the Minister for Education and Early Childhood Development, upon notice, on 24 July 2020:
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(1) In relation to plans for a new school in Throsby and given the development application for the new school has only been lodged, is there any change to the planned opening date of first term 2022.
(2) Will pupils for all years from Kindergarten to Year 6 start on day 1, term 1, 2022; if not, what years and how many classes will start on day 1, term 1, 2022.
(3) What capacity has the school to accommodate pre-school students.
(4) What is the intended capacity for the school.
(5) What is the Priority Enrolment Area (PEA) for the school.
(6) On what demographic modelling was that assessed.
(7) Is it intended that students currently enrolled in other schools, but included in the Throsby PEA, will be given a choice to either stay at their current school or transfer to Throsby or will it be compulsory that they transfer.
(8) Has any assessment been done on potential numbers of students needing education in a Learning Support Unit (LSU).
(9) How many classrooms for LSU are included in plans for the school layout.
Ms Berry: The answer to the member’s question is as follows:
1) There is no change. The planned opening date is the first day of term 1 in of 2022.
2) The school will be open for all years from term 1 2022.
3) The preschool will have capacity for 132 children.
4) The school will initially have capacity for 450 kindergarten to year 6 students, with space to grow with the population.
5) A PEA for the school will be established for the 2021 enrolment application process (commences April 2021) for the 2022 school year.
6) The ACT Government’s official population projections, the ACT Population Projections –2018 to 2058, are the demographic basis for planning for PEAs.
7) All students who are enrolled in a school can stay at their school. There will be no compulsory transfer.
8) The demographics of a school community, including students with disability, are considered when planning any new school. The number of small group programs is based on the total predicted enrolments.
9) There are currently two small group programs planned in the Throsby layout with the capacity to expand if required.
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Schools—restorative conferences (Question No 3209)
Ms Lee asked the Minister for Education and Early Childhood Development, upon notice, on 24 July 2020:
(1) How many restorative conferences have been held under new partner arrangements agreed to in the government response to the report of the Standing Committee on Education, Employment and Youth Affairs into management of bullying and violence in schools.
(2) How many community agencies have been engaged to provide this independent support and who are they.
(3) What assessment has been done as to the effectiveness of these new support arrangements and can the Minister provide a copy of any report.
(4) What is the trend data on bullying and violence involving students who have engaged in restorative conferences and can the Minister provide a copy of any report on this.
Ms Berry: The answer to the member’s question is as follows:
As outlined in the Government Response to Standing Committee on Education, Employment and Youth Affairs Report 6 – Inquiry into Management and Minimisation of Bullying and Violence in Schools, the ACT Government will continue to strengthen the use of restorative practices in ACT public schools as a means of supporting positive school culture based on positive relationships, safety and wellbeing. The Education Directorate will work with other agencies to support schools, students and families in effectively employing restorative practices such as restorative conferences following incidents of bullying and violence.
Restorative practices continue to be used in ACT public schools where appropriate. Restorative measures are school-led and applied in their local school contexts. The Education Directorate continues to work with other agencies in increasing staff capability and confidence when using restorative practices in response to reports of bullying. Information on the number of instances of restorative conferences is not held centrally.
Schools—bullying (Question No 3210)
Ms Lee asked the Minister for Education and Early Childhood Development, upon notice, on 24 July 2020:
(1) In relation to the report of the Standing Committee on Education, Employment and Youth Affairs Committee into management of bullying and violence in schools, how many social emotional learning programs have been endorsed as per the recommendations in the report.
(2) What criteria are being used to assess whether a particular program is to be endorsed.
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(3) For those programs that have been endorsed, (a) what are they, (b) in what schools have they been introduced and (c) what assessment has been done as to the impact these programs have had in reducing bullying and violence in schools.
(4) For those programs that have not been endorsed, why not?
Ms Berry: The answer to the member’s question is as follows:
1) Since this report was released, the Education Directorate has not identified additional individual social emotional learning programs (SEL) approaches for specific endorsement. The Education Directorate has promoted and endorses BeYou as the framework for social and emotional programs in schools. The Be You framework was developed as a response to The National Mental Health Commission Review of Mental Health Programmes and Services Report 2014. The BeYou Programs Directory is a searchable database that includes SEL approaches that have met a minimum inclusion criteria.
2) Be You lists endorsed SEL approaches in their Programs Directory and also encourages users to utilise the STEPS Decision Making Framework. STEPS is a decision-making tool that is intended to equip schools to select an evidence based SEL approach that is suitable for the needs of their school. The Be You Programs Directory lists programs that must meet the following minimum inclusion criteria:
a) alignment with one or more of the five professional learning domains (Mentally Healthy Communities, Family Partnerships, Learning Resilience, Early Support, Responding Together) b) alignment with the Australian Curriculum or National Quality Framework c) be supported by a training/delivery/implementation manual or guide d) be offered as more than a one-off session (i.e., offer multiple, sequential sessions which, either as a set series of sessions or on an as-needs basis) e) be targeted at one of the following audiences as the intended beneficiary, for example: children, young people, parents, carers or families; early childhood educators, Out of Hours School Care f) have at least one research or evaluation study which demonstrates: o a positive impact on mental health outcomes for children or young people o a minimum of 20 participants in the study who received the program o at least pre and post testing conducted on the group that received the program.
3) a) In addition to endorsing the approach for schools to use the Be You Programs Directory and utilise the STEPS framework to assess the suitability for their school context, the Directorate has links to the following SEL approaches on its website: − Friendly Schools Plus; − MindUp; − PATHS: Promoting Alternative Thinking Strategies Program; and − Second Step. b) Schools make decisions about what programs to utilise according to their local context and needs. c) This information is not collected centrally.
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4) Programs that would not be supported are those without an evidence base to demonstrate effective outcomes for students.
Parking—Dickson shops (Question No 3211)
Ms Lee asked the Minister for City Services, upon notice, on 24 July 2020 (redirected to the Minister for Business and Regulatory Services):
(1) What is the ownership status of the carpark at the Dickson shops, Block 30, Section 34 Dickson.
(2) What is the ownership status of the parking meters located in this carpark.
(3) Are ACT Government parking inspectors patrolling this carpark.
(4) Is revenue from parking machines being collected in this carpark; if so, who is collecting it.
(5) Are fines being issued to cars parked in that carpark without a valid parking ticket; if not, why not.
Mr Ramsay: The answer to the member’s question is as follows:
(1) Block 30, Section 34 Dickson is currently unleased Territory Land.
(2) The pay parking machines within the carpark are owned and operated by the ACT Government.
(3) Yes.
(4) ACT Government employees collect revenue from the pay parking machines within this carpark.
(5) Yes.
Municipal services—streetlights (Question No 3212)
Ms Lee asked the Minister for City Services, upon notice, on 24 July 2020:
(1) In relation to the $86 million Smart City contract for the upgrade of lighting in ACT suburbs, what research was done into the effects of lighting on urban trees before the upgraded LED lights program was decided.
(2) What is the power of the lights being installed and how do they compare with the power of LED installations in similar situations overseas.
(3) How many of the contracted 80 000 lights have been replaced to date.
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(4) What policies, if any, apply to location of lights and their proximity of trees in urban streetscapes.
(5) What research has been done to determine what tree species are more susceptible to light than other trees.
(6) What research was undertaken to determine impact on nesting birds in trees that have been chosen as highlighted trees.
Mr Steel: The answer to the member’s question is as follows:
(1) No research has been conducted by Transport Canberra and City Services in relation to the effects of lighting on urban trees. The new LED streetlights are highly directional, having minimal spill around the vicinity of the area intended to be lit. LEDs have zero upward light spill.
(2) The power of installed LEDs is in accordance with the AS1158 Australian Standards and typically range between 10W to 25W for Residential streets, 90W to 150W for Collector roads and 140W to 160W for Arterial roads.
(3) The contract was to replace around 45,000 streetlights across the network. Approximately 37,000 streetlights have been upgraded to LED since the start of the contract.
(4) Streetlighting design standards are outlined in the publicly accessible Design Standards for Urban Infrastructure Section 12 Streetlighting.
(5) No research has been conducted by Transport Canberra and City Services to determine which tree species are more susceptible to light.
(6) No specific research has been conducted to determine impact of decorative lighting on nesting birds. Transport Canberra and City Services is not aware of any location where nesting birds are being impacted by trees containing decorative lighting.
Suburban Land Agency—expenditure (Question No 3213)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 24 July 2020:
In relation to the Suburban Land Agency, for operating and capital expenditure on information and communication technology products and services, can the Minster provide information for the (a) 2018-19 and (b) 2019-20 financial years on new vendors where greater than (i) $10 000 was spent, (ii) $10,000 was spent and the procurement was via a direct approach to market with a single quotation and (iii) $10 000 was spent and the procurement was via a direct approach to market with multiple quotations.
Ms Berry: The answer to the member’s question is as follows:
a. i. Nil. ii. Nil. iii. Nil.
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b. i. Business Systems Review & Digital Transformation Strategy - KPMG were procured via the Territory Specialist Services ICT Panel with multiple quotations.
The Suburban Land Agency Website Refresh Planning & New Digital Experience - EY Digital (Adelphi Digital Consulting) were procured via the Creative Services, Digital panel with multiple quotations. ii. Nil. iii. Nil.
Public housing—tenants’ income (Question No 3214)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 24 July 2020:
(1) How many tenancies does Housing ACT end each year due to tenant’s income levels making them ineligible for public housing.
(2) How does Housing ACT check the incomes of tenants to confirm eligibility.
(3) Is disclosure of income compulsory by tenants.
(4) What information and documentary evidence is required by Housing ACT to review income levels.
(5) What validation of information and documentation is done by Housing ACT.
(6) Does Housing ACT validate the number of people living in the home during the review.
(7) Does Housing ACT permit tenants to sub-let rooms.
(8) What mechanisms does Housing ACT use to determine if sub-letting is occurring.
(9) How many income reviews were conducted by Housing ACT in the (a) 2018-19 and (b) 2019-20 financial years.
(10) For each Housing ACT income review conducted in the 2018-19 and 2019-20 financial years, what was the average duration in months to the review prior.
(11) How many tenants have not had their income levels reviewed for greater than (a) 12, (b) 24, (c) 36 and (d) 60 months.
(12) What percentage of six monthly reviews were conducted between five and seven months of the previous review in the 2019-20 financial year.
Ms Berry: The answer to the member’s question is as follows:
1. Housing ACT does not currently seek to have a tenancy ended on the basis of household income. Housing ACT does start conversations with tenants who have the capacity to own their own home or to sustain a private rental and they may be
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encouraged to explore these options. In the last financial year, 44 tenants vacated their Housing ACT properties when they moved into their own home or purchased their Housing ACT property.
2. Income levels are assessed as part of the application process for Housing ACT. Once in a Housing ACT property, tenant income is assessed at least annually as part of the rental rebate process unless full market rent is paid and this is then assessed under the periodic Sustainable Income Reviews.
3. Housing ACT applicants are required to provide proof of their income as part of the application process. Tenants are required to provide evidence of household income for all residents aged 18 years or over, as part of the rental rebate process.
4. Tenants are required to provide evidence of their income through the provision of six months’ bank statements, their three most recent fortnightly pay summaries or by providing details of social security payments received through Centrelink.
5. Housing ACT accepts the income information provided by Centrelink and from employers where they are signed by an authorised representative. If there are any concerns raised about the details provided, additional information is able to be requested under the Housing Assistance Public Rental Housing Assistance Program 2013 (No 1).
6. As part of the rental rebate process, tenants are required to provide full details of all persons resident in the property. This information is routinely checked against other records held by Housing ACT or provided by Centrelink.
7. Housing ACT tenants are not permitted to sub-let rooms in their property.
8. Housing ACT uses annual Client Service Visits and routine inspections to check the condition of the property and to confirm particulars of the household composition. Information about potential unauthorised residents may also be received through the Housing ACT complaints and information unit. Each report is investigated.
9. The last periodic Sustainable Income Review was completed in 2018-19. This review specifically targets those tenants paying full market rent. All other households have their income assessed through the rental rebate process which reviews household income at least annually.
a. In 2018-19, household income was checked for all tenants in receipt of a rental rebate. At 30 June 2019, 9,780 tenancies were in receipt of a rental rebate. b. In 2019-20, household income was checked for all tenants in receipt of a rental rebate. At 30 June 2020. 10,010 tenancies were in receipt of a rental rebate.
10. Under the rental rebate process tenants are provided a rental rebate application form to complete providing details of their household income. These forms are completed annually or when there is a change in household circumstances. Housing ACT processes these forms within one month.
11. As noted above, all tenants in receipt of a rental rebate have their household income reviewed at least annually. For those tenants paying full market rent, the last time their income was reviewed was during the 2018-19Sustainable Income Review. That review assessed the income of about 240 tenants.
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a. 240 b. 0 c. 0 d. 0
12. As noted above, rental rebate reviews are conducted on an ongoing rolling program to review household incomes at least annually. A more frequent review is only normally conducted when there is a change in household circumstances. This would represent only a very small percentage of all reviews.
Housing ACT–expenditure (Question No 3215)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 24 July 2020:
In relation to Housing ACT, for operating and capital expenditure on information and communication technology products and services, can the Minster provide information for the (a) 2018-19 and (b) 2019-20 financial years on new vendors where greater than (i) $10 000 was spent, (ii) $10 000 was spent and the procurement was via a direct approach to market with a single quotation and (iii) $10 000 was spent and the procurement was via a direct approach to market with multiple quotations.
Ms Berry: The answer to the member’s question is as follows:
a. In 2018-19, $3.653 million was spent on computer expenses and other systems support.
b. In 2019-20, Housing ACT facilitated the procurement of 1 new vendor above $10,000. Systems Partners DXC was procured under the ACT Government Consult IT Panel for a work order of $400k ex GST. As at 30 June, and including variations, expenditure was $419,311 ex GST. These costs have been paid from the Commonwealth Smart Cities and Suburbs Grant for the Choice Based Letting project in delivering of the goals of the Housing Strategy.
Suburban Land Agency—sales (Question No 3216)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 24 July 2020:
(1) In relation to the Suburban Land Agency and the response to question on notice No 3050 in which the Minister advised that the response took over seven hours to complete, can the Minister advise if the following data points are tracked as standard procedure in relation to tracking sales and sales management performance, (a) sales agent(s), (b) sales agent company(s), (c) valuer(s), (d) valuation company(s), (e) valuation(s) amounts, (f) reserve price(s) amounts, (g) sales methodology (auction, expression of interest, private treaty etc), (h) amounts of offer(s) received (i) sales price achieved, (i) purchaser, (j) purchaser type (individual, company etc) and (k) if purchaser is a company, the beneficial owner(s) of the company.
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(2) What software or system are these data points captured in.
(3) Is any workflow software or system used in tracking sales.
Ms Berry: The answer to the member’s question is as follows:
(1) (a) Yes. (b) Yes. (c) No, this is to ensure separation between valuation and sales processes. (d) No, this is to ensure separation between valuation and sales processes. (e) No, this is to ensure separation between valuation and sales processes. (f) Yes. (g) Yes. (h) Yes. (i) Yes. (j) Yes. (k) Yes. (l) Yes.
(2) The Suburban Land Agency (SLA) captures these data points using the following software or systems: (a) Pipeline: The SLA’s Land Inventory Management System; and (b) Objective ECM: Electronic document and record management system.
(3) The SLA’s sales agents utilise workflow systems and provide the Agency with regular reports.
Public housing—maintenance (Question No 3217)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 24 July 2020:
(1) For the financial years (a) 2018-19 and (b) 2019-20 to 31 March 2020, can the Minister provide, in relation to Urgent (4) maintenance items for all Housing ACT dwellings and Housing ACT assets leased to Community Housing Providers, how many (i) requests were cancelled after the target timeframe was exceeded and (ii) were subsequently re-issued within one month of the cancellation.
(2) For the financial years (a) 2018-19 and (b) 2019-20 to 31 March 2020, can the Minister provide the following in relation to Priority Next Day (PND) maintenance items:
(3) How many requests were cancelled after the target timeframe was exceeded; and
(4) How many were subsequently re-issued within one month of the cancellation?
(5) For the financial years (a) 2018-19 and (b) 2019-20 to 31 March 2020, can the Minister provide, in relation to Priority (D5) maintenance items, how many (i) requests were cancelled after the target timeframe was exceeded and (ii) were subsequently re-issued within one month of the cancellation.
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(6) For the financial years (a) 2018-19 and (b) 2019-20 to 31 March 2020, can the Minister provide, in relation to Normal Repairs (D20) maintenance items, how many (i) requests were cancelled after the target timeframe was exceeded and (ii) were subsequently re-issued within one month of the cancellation.
Ms Berry: The answer to the member’s question is as follows:
On 1 November 2018, the Total Facility Management (TFM) service contract was awarded to Programmed. To ensure consistency of work order classification between the two contracts, the below information includes only the Programmed works orders.·
Work orders may be cancelled for one of many valid reasons including administrative errors, duplication of works orders, the tenant being unavailable or by request of the tenant.
1. a. i. During the 2018-19 financial year, 386 U4 works order were cancelled after the target timeframe was exceeded. ii. The management of cancelled and re-raised work orders occurs at the individual property level; it is not practical to extract this information across the approximately 55,000 work orders raised against the entire portfolio in 2018-2019.
b. i. During the 2019-2020 financial year, 935 U4 works order were cancelled after the target timeframe was exceeded. ii. The management of cancelled and re-raised work orders occurs at the individual property level; it is not practical to extract this information across the approximately 70,000 work orders raised against the entire portfolio in 2019-2020.
2. a. i. During the 2018-19 financial year, 424 PND works order were cancelled after the target timeframe was exceeded. ii. The management of cancelled and re-raised work orders occurs at the individual property level; it is not practical to extract this information across the approximately 55,000 work orders raised against the entire portfolio in 2018-2019.
b. i. During the 2019-2020 financial year, 791 PND works order were cancelled after the target timeframe was exceeded. ii. The management of cancelled and re-raised work orders occurs at the individual property level; it is not practical to extract this information across the approximately 70,000 work orders raised against the entire portfolio in 2019-2020.
3. c. i. During the 2018-19 financial year, 1304 D5 works order were cancelled after the target timeframe was exceeded.
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ii. The management of cancelled and re-raised work orders occurs at the individual property level; it is not practical to extract this information across the approximately 55,000 work orders raised against the entire portfolio in 2018-2019. d. i. During the 2019-2020 financial year, 2652 D5 works order were cancelled after the target timeframe was exceeded. ii. The management of cancelled and re-raised work orders occurs at the individual property level; it is not practical to extract this information across the approximately 70,000 work orders raised against the entire portfolio in 2019-2020.
4. e. i. During the 2018-19 financial year, 2935 D20 works order were cancelled after the target timeframe was exceeded. ii. The management of cancelled and re-raised work orders occurs at the individual property level; it is not practical to extract this information across the approximately 55,000 work orders raised against the entire portfolio in 2018-2019. f. i. During the 2019-2020 financial year, 4902 D20 works order were cancelled after the target timeframe was exceeded. ii. The management of cancelled and re-raised work orders occurs at the individual property level; it is not practical to extract this information across the approximately 70,000 work orders raised against the entire portfolio in 2019-2020.
Public housing—leases (Question No 3218)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 24 July 2020:
(1) How many ACT Government-owned dwellings are leased to community housing providers.
(2) Can the Minister provide the volume of lease expiries by (a) financial year and (b) community housing provider.
(3) For any leases due to expire in the 2020-21 financial year, can the Minister provide (a) the volume of leases that will not be extended for each community housing provider, (b) the volume of leases that will be extended for each community housing provider and (c) the month in the 2020-21 financial year that all extensions will be completed by.
(4) What is the standard duration of a lease extension.
Ms Berry: The answer to the member’s question is as follows:
1. At 4 August 2020, Housing ACT provided 712 properties under the Housing Asset Assistance Program and externally managed properties, such as Common Ground
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Gungahlin, to deliver a range of services such as community housing, crisis accommodation, supported and transitional accommodation. These include properties used for mental health, justice and community services and children and young people. Properties are also provided to community organisations that support people with disabilities to live independently or in shared accommodation in the community. Properties are provided by way of service funding agreements, licence agreements, grants, sub-leases and/or head lease arrangements.
2.
Contract/ Sub-Lease/ Community Housing Grant Agreement Providers Lease Agreements Period Argyle Community Housing Common Ground – this is a Sub-Lease 2025
Ainslie Village 30 June 2021 Havelock Housing A range of Lease agreements across 30 June 2021 Association their portfolios CatholicCare Affordable Services Agreement 2025 with option to Housing Program extend License Agreement Tamil Senior Citizens Annual Grant 30 June 2021 Housing Sub-Committee Balance of homelessness This number is fluid as Lease Various services/ Care & Protection/ Agreements on certain properties Mental Health/ JACS etc change. For example, a perpetrator of DV/FV may find the address of victim, so Housing ACT will cease the Lease Agreement with the Service Provider (eg: Northside Community Service) and create a new Lease Agreement on an alternative property to accommodate the victim.
3. Most contract/grants relating to community housing providers are expiring on 30 June 2021.
The ACT Government announced on 18th August 2020 that contracts that are due to expire in June 2021 will be extended until June 2022 to provide certainty of funding to the sector through COVID-19. This will enable a strategic and collaborative consultation to re-design service delivery outcomes and develop procurement and re-tendering processes with the sector.
4. Housing ACT’s head lease arrangements automatically ‘roll over’ into periodic tenancy agreements. This allows flexibility that enables the provider to continue providing ongoing tenancy management to the household. Should Housing ACT, or the provider, wish to terminate a tenancy, all actions are completed in accordance with the Residential Tenancies Act.
Housing ACT—tenancy allocation (Question No 3219)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 24 July 2020:
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(1) Given the comprehensive data kept on Housing ACT tenants, when allocating tenancies is consideration given to the (a) personal details, characteristics and history of the tenant being allocated, (b) personal details, characteristics and history of the Housing ACT tenants who are the potential neighbours of the tenant being allocated and (c) compatibility and potential risks of prospective neighbours who are Housing ACT tenants.
(2) If any of the considerations referred to in part (1) are given, can the Minister provide details of relevant policies, processes and methodologies.
Ms Berry: The answer to the member’s question is as follows:
1. a. The Allocations Policy at www.communityservices.act.gov.au/hcs/policies/allocations_policy outlines the requirements for allocating public rental housing assistance to eligible applicants with the objectives of providing reasonable choice and using resources effectively and efficiently. Consideration is given to the applicant’s reasonable housing preferences including location and any confirmed medical or special needs.
Housing ACT is focused on the right home for the right person, the first time and considers the information provided in the housing application to assess this as well as conversations with the tenant and any support agencies. Housing ACT allocates from the wait list, matching applicants with suitable properties as they are returned through the vacants pathway for re-allocating.
b. As outlined in 1.a, applicants on the wait list are matched with suitable properties available for allocation. A suitable property would consider factors such as property location.
c. See response 1.b
2. Relevant policies, policies and methodologies include:
a. Public Housing Rental Assistance Program b. Allocations Policy
Public housing—maintenance (Question No 3220)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 24 July 2020:
(1) Are maintenance services for Housing ACT outsourced; if so, can the Minister provide the (a) company name, (b) start of contract, (c) duration of contract, (d) potential extensions to the contract, (e) short description of services provides.
(2) Are there any penalty clauses in the contract relating to the period in which maintenance is required to be completed.
(3) Have any penalties been enforced in relation to the maintenance completion timeframes.
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(4) Have there been any circumstances where penalties have not been enforced in relation to maintenance completion timeframes.
Ms Berry: The answer to the member’s question is as follows:
1. Maintenance Services for Housing ACT properties are delivered under contract. A copy of the contract is publicly available on the ACT Government Contracts Register.
a. Programmed Facility Management Pty Ltd.
b. The contracted services commenced on 01 November 2018.
c. The initial term of the contract is six (6) years.
d. The contract allows for two (2) possible option (extension) periods available to the Commissioner for Social Housing of up to four (4) years each.
e. The contracted services are to deliver a Total Facilities Management model to preserve and maintain the Social Housing Dwellings while supporting local industry, maintaining a tenant focus and support social ventures.
The range of services includes, but are not limited to, operations of a 24/7 call centre, subcontractor management, property upgrades, common area cleaning and horticulture.
Full services details are outlined in the contract available via the ACT Contracts Register.
2. Services performance, including meeting target work order timeframes, is managed through a Performance Management System, an integrated and balanced system of Key Performance and System Health indicators that drive the contract objectives.
Performance above target may attract an incentive payment to the contractor and performance below minimum targets may attract a ‘fee at risk’ or a one-off reduction in monthly fees payable to the contractor.
The Performance Management System is detailed in the contract available via the ACT Contracts Register.
3. As above, the contract has a Performance Management System to measure and manage the services. Housing ACT has imposed on the contractor a one-off reduction to the fees payable on 2019-2020 under the Performance Management System and has not paid any incentives.
4. Housing ACT actively manages the contract with Programmed and has an established, robust governance framework. There are no circumstances where penalties have not been enforced in relation to performance timeframes.
COVID-19 pandemic—land tax credit (Question No 3221)
Mrs Kikkert asked the Treasurer, upon notice, on 24 July 2020:
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(1) Does an ACT land tax credit scheme for property investors aim to provide relief for landlords who reduce rent on their privately rented properties by at least 25 percent due to COVID-19, and may be eligible for a tax credit to cover 50 percent of the rental reduction, up to a limit of $1 300 per quarter; if so, is this scheme available for landlords who reduce rent for privately rented properties that are part of a serviced apartment complex.
(2) If the scheme is not available in relation to serviced apartment complexes, (a) where has the ACT Government specified this exclusion (ie Revenue Office website) and (b) what is the reason behind this exclusion.
(3) What is the precise scope in regards to eligibility of criteria, as well as considerations that expressly render an applicant ineligible for the (a) land tax credit (private landlords) and (b) commercial rates credit (commercial landlords).
(4) Have there been successful applicants for either scheme who are landlords to hotel/apartments who have discounted rented properties by at least 25 percent to tenants (excluding short-term hotel guests); if so, how many were (a) private landlords and (b) commercial landlords.
(5) Are unsuccessful applicants to these schemes advised as to why their application was rejected, including precisely what criteria was not met.
(6) What avenues do unsuccessful applicants have to appeal their outcome.
Mr Barr: The answer to the member’s question is as follows:
(1) The land tax credit scheme is available to residential landlords who reduce rent on their privately rented properties by at least 25 per cent due to COVID-19. Eligible landlords can receive a land tax credit to cover 50 per cent of the rental reduction, up to a limit of $1,300 per quarter. The original rental agreement must have been in place prior to 1 March 2020. The scheme is not available to landlords who operate their rental property by renting to a company in the business of providing short term rentals. In this situation, there is no one person as a tenant who is renting the property.
(2) The fact sheet for the land tax credit scheme, which is available on the ACT Revenue Office website, states the purpose of the scheme is “…to help landlords and private tenants reduce the risks of homelessness and financial hardship during the COVID-19 public health emergency.” This excludes rentals in a category where there is no tenant at risk of homelessness, and it is a business that would benefit from the rent reduction. The Revenue Office website has recently been updated to state serviced apartment owners who providing a short-term rental to a business are ineligible for the scheme.
(3)
a. The eligibility criteria for the land tax credit scheme are outlined in question (1). Applicants with circumstances outside of this scope cannot be approved.
b. The commercial rates credit, which is a separate scheme, is available to landlords who provide evidence that they have reduced the rent for their business tenants that have been significantly impacted by COVID-19, with different levels of support available depending on how much the business has been impacted. Assistance is also available for owner-operated properties. Applications are not approved unless satisfactory documentary evidence is provided with the application.
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(4) One land tax credit application was initially declined as it was considered a serviced apartment. This application was subsequently allowed upon review when it was determined to be a tenant arrangement.
(5) Yes, unsuccessful applicants are advised the reason why their application has been declined.
(6) Unsuccessful applicants are advised that they can request a review of their application by sending an email of their reasons for the request to the Commissioner for ACT Revenue.
Schools—safety (Question No 3222)
Mrs Kikkert asked the Minister for Education and Early Childhood Development, upon notice, on 24 July 2020:
(1) When was the outer fencing installed at Charnwood-Dunlop School and what was the total breakdown of costs for this project.
(2) What were the reasons for the decision to install this fence.
Ms Berry: The answer to the member’s question is as follows:
1) The extended outer fence installation at Charnwood Dunlop School was completed in April 2020 at a total cost of $161,485 (including GST).
2) The school sought approval to install the fence to secure the school entry, oval and car park from vandalism and inappropriate use including illegal dumping and vehicle access during school hours.
Schools—safety (Question No 3223)
Mrs Kikkert asked the Minister for Education and Early Childhood Development, upon notice, on 24 July 2020:
Is the ACT Government considering installing a school fence for Miles Franklin Primary School that encloses the greenspace near and parallel to Stenhouse Close; if so, what consultation will be undertaken with nearby residents; if not, are there any plans of installing a fence for this school, and what is the location of the proposed fencing.
Ms Berry: The answer to the member’s question is as follows:
1) The Education Directorate is not currently considering installing a school fence at Miles Franklin Primary School. This issue was considered in 2019 and following community consultation, did not progress.
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Lawson—facilities (Question No 3224)
Mrs Kikkert asked the Minister for Housing and Suburban Development, upon notice, on 24 July 2020:
(1) Given that the ACT Government’s website promoting the suburb of Lawson states that “The estate has been planned to encourage active transport through the provision of extensive cycling and pedestrian paths. Opportunities for healthy lifestyles and community interaction have been maximised through the development of parks, playgrounds, cycleways, pathways, access to the lake’s foreshore, a lookout and a site reserved for a community garden”, can the Minister provide an indicative timeline of when the current residents of Lawson should expect development of (a) extensive cycling and pedestrian paths, including ones providing access from current residential areas to the Belconnen Town Centre and replacing the informal path that residents have created walking down the hill to the entry to Wanderlight Avenue, (b) access to the Lake Ginninderra foreshore, (c) a lookout, (d) a community garden, (e) parks that include sporting facilities and/or barbecue areas, (f) commercial facilities and (g) road access into Lawson opposite Aikman Drive.
(2) How many of these cycling and pedestrian paths will be developed in Lawson stage 1, and how many will be in Lawson stage 2.
(3) How many parks with sporting facilities and/or barbecue areas will be developed in Lawson stage 1, and how many will be in Lawson stage 2.
(4) Where will the lookout and community garden be located.
(5) What protections are in place to make sure that the private developer of Lawson stage 2 provides all promised amenities and facilities.
(6) What oversight does the ACT Government have over when these amenities and facilities will be completed.
Ms Berry: The answer to the member’s question is as follows:
(1) The Lawson Estate is being developed in two stages. Stage 1 construction was completed in mid-2019.
The development of Lawson Stage 2 is currently the subject of an ongoing land sale tender process. It is anticipated that the tender process will be finalised in late 2020. Construction works would likely commence approximately 12 months after the award of the tender. Construction completion could be a further two to three years.
Many of the facilities detailed in Question 1 are already in place. The remainder will be developed as part of Stage 2 with completion expected in 2024. Details are provided in the answers to Questions 2-6. a. Extensive cycle and pedestrian paths – there are currently 9 km of cycling and pedestrian paths in Lawson Stage 1. A further 11 km are planned for Lawson Stage 2.
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b. Access to the Lake Ginninderra foreshore – access will be available once Stage 2 of Lawson is complete in approximately 2024. c. A lookout – there is no formal lookout designated in the Lawson Estate Development Plan (EDP), however there is currently seating at the top of Reservoir Hill. d. A community garden – A community garden is located south of the intersection of Solong Street and Narramble Terrace at Block 1 Section 41 within Lawson Stage 1. e. Parks that including sporting facilities and or barbeque areas – there are two existing parks with sporting and or play equipment facilities in Lawson Stage 1. A further range of outdoor recreational facilities will be completed as part of Lawson Stage 2 with completion expected in 2024. f. Commercial facilities – a small shopping and commercial precinct is permissible in the approved Estate Development Plan for Lawson Stage 2. Completion is expected in 2024. g. Road access into Lawson opposite Aikman Drive – the road extension from Stockman Avenue through to Aikman Drive is part of the Lawson Stage 2 EDP. The successful tenderer will be requested to complete this work as part of their early works package. A definitive timeframe cannot be provided, but likely be before 2024.
(2) Lawson stage 1 has 9kms of cycling and pedestrian paths. The Lawson Stage 2 approved EDP has 11kms of cycling and pedestrian paths. The construction of these active travel links is a requirement of sale for the successful tenderer.
(3) Lawson Stage 1 currently has a range of recreational opportunities for the community including: a) Bellbird Loop – a local neighbourhood park with play equipment designed for 5- 12-year-old children. b) Reservoir Hill – A playground designed for 3-14-year-olds with entrance and exit archways, a bridge over a ‘stone waterway’, playground equipment and a large shade structure with rubber soft fall. c) Toorale Terrace and Roundabout - Street open space with a concrete pedestrian walkway, stone walling with concrete seating. d) Lawson Walk – A landscaped walkway incorporating native grasses and public art linking to Lawson Stage 2. e) Reservoir Hill Walk – A walkway and cycle path comprising seating nodes and a summit experience with signage and poem extracts.
The EDP for Lawson Stage 2 will comprise a range of outdoor recreational facilities available for community use including: a) Lake Foreshore Recreational Facilities: A central neighbourhood park which includes: o A toddler playground with shade structure; o A playground for 6-12-year old children with shade structure; o BBQ facilities including shelters with tables, seats, bins, bubblers etc o Grassed open space; and
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o Outdoor seating and terracing. Landscaped amphitheatre and public plaza including: o A public plaza with high quality finishes, and furniture including seating, bins and bike racks; o An amphitheatre with seating suitable for 50 people; and o Pedestrian and cycle path connections.
b) College Creek Recreational Facilities including: Jetty at Lake Ginninderra with seating; A kayak / canoe launching area and associated infrastructure; and A boardwalk next to Lake Ginninderra, connecting to the path network in the Central Neighbourhood Park of Lawson Stage 1 and the North Lawson Grassland area.
(4) Lawson Stage 1 does not have a formal lookout, however, there is seating at the top of Reservoir Hill. The community garden is located south of the intersection of Solong Street and Narramble Terrace at Block 1 Section 41 within Lawson Stage 1.
(5) The developer will be required to enter into a Deed of Agreement (DoA) with the Territory under the provisions of the Planning and Development Act 2007. The DoA sets out the requirements (including timing) of the developer to deliver the estate infrastructure (including amenities and recreational facilities).
(6) As per response 5 above.
Sport—ovals (Question No 3225)
Mrs Kikkert asked the Minister for Sport and Recreation, upon notice, on 24 July 2020:
(1) In relation to the answer to question on notice No 3183 in which the Minister wrote that “the minimum size for an irrigated oval suitable for formal sporting use is approximately 2ha” but also noted that the “Duffy neighbourhood oval is available for limited formal sporting use and is 1.9ha”, how flexible is this minimum, including for “limited” use and could the oval in McKellar (1.7ha) also be utilised in a “limited” way for formal sporting use.
(2) Has the oval in McKellar ever been used as a formal sporting ground; if so, when and why did this use cease.
(3) When did the oval in Spence stop being used as a formal sporting ground, and for what reason/s.
(4) What is the size of the non-irrigated oval in Macquarie and has it ever been used as a formal sporting ground; if so, when did it stop being used this way and why.
Ms Berry: The answer to the member’s question is as follows:
(1) The minimum size provides for an efficient and versatile facility of two combination fields plus a cricket pitch. Formal use of a smaller oval such as Duffy is limited to
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cricket as the oval is too small to accommodate winter sports. Formal sporting use of McKellar would require the reinstatement of a turf playing surface, irrigation system and ancillary facilities.
(2) Irrigation of McKellar oval ceased in approximately 1990 and no records of prior use have been located.
(3) Irrigation of Spence oval ceased in 2000 in response to drought and water restrictions and in light of low usage levels. Limited use in summer for organised junior cricket continued until 2004.
(4) Macquarie oval is 1.6 hectares in size. Irrigation ceased in 2002 in response to drought and water restrictions and in light of low usage levels. No records of prior use have been identified.
Planning—transmission lines (Question No 3226)
Mrs Kikkert asked the Minister for Planning and Land Management, upon notice, on 24 July 2020:
(1) In relation to the 330kV transmission lines erected behind new houses in Ginninderra Estate, on what specific date was the final Environmental Impact Statement (EIS) for this project completed.
(2) On what specific date was the final route for the transmission lines selected.
(3) Did an audit reveal that residents’ metal fences need to be earthed because of proximity to these high-voltage transmission lines; if so, what other metal structures in their vicinity may need to be earthed and may this include metal roofs, clotheslines, street lights and exercise or playground equipment.
(4) Considering that the easement is 90 metres in width, why were the 330kV transmission lines erected as far west in the easement as legally allowed instead of centred.
(5) Was undergrounding of these transmission lines considered; if not, why not; if so, why was it rejected.
(6) Given that Transgrids’s guidelines discourage congregating underneath 330kV transmission lines, why then are there recreational areas underneath these lines.
(7) Which specific residential blocks, by address, were not added back into the Government’s database and therefore were not notified of this project’s development application before purchase.
(8) Where else in the ACT has the Government approved 330kV transmission lines so close to people’s homes.
(9) Were (a) noise created by corona discharge and (b) the sound of wind blowing through the powerlines and towers, considered in the project’s EIS; if not, why not.
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(10) Do these transmission lines have the potential to interfere with residents’ mobile phone reception.
(11) Were the owners of the easement required to agree to this project, or could it have proceeded over their objection and did owners agree to it.
(12) Will the ACT Government provide residents with readings of electromagnetic fields (EMF) radiation before and after these transmission lines go live; if not, can the Government provide access to EMF readers.
(13) Will the ACT Government provide compensation to residents who purchased residential blocks in Ginninderra Estate without being informed of this project’s development application owing to “administrative error”.
Mr Gentleman: The answer to the member’s question is as follows:
(1) The EIS was deemed complete on 17 October 2018.
(2) Following a decision by Government on 24 November 2014 to locate the substation near Stockdill Drive, the 90m wide easement through the golf course was the most feasible route for the new 330kV transmission line from the Stockdill substation to the existing Canberra substation. This easement was established in 1972 and contains the existing Woden to Holt 132kV transmission line as well as provision for a second transmission line.
(3) In September 2019, TransGrid engaged Lonergan’s Surveying to survey the newly constructed towers and TransGrid undertook an independent audit of metal fences running adjacent to the easement. The audit was undertaken to ensure the existing fences, in proximity of the easement, were in accordance with TransGrid’s fencing guidelines. This is to minimise induced voltage build-up in long lengths of metal fences located parallel with the transmission lines. Induced voltage is caused when metal structures are within the electromagnetic field (EMF) of a transmission line. The longer/larger the metal structure is, the more likely it is to create a charge. Transferred voltage is where a structure is physically touching the transmission lines and the transfer of direct voltage occurs. There are no structures located close enough to the transmission lines for direct voltage to be transferred.
(4) The new TransGrid transmission lines are co-located in the 90m easement with existing Evoenergy transmission lines. The new transmission lines were positioned so that they would not interfere with the existing infrastructure and maintain safe distance from other development in accordance with the Australian Standards.
(5) This is a matter for TransGrid.
(6) The easement area has been constructed as a passive open space area with paths and ornamental landscape features which do not encourage people to congregate for long periods of time.
(7) The public notification of the development application (DA) was performed correctly with all adjacent lessees notified of the development. The following blocks were not re-linked to the development application after the public notification process: Block 1560 Belconnen, Block 1462 Belconnen, Block 1559 Belconnen, Block 1600 Belconnen, Block 1582 Belconnen, Block 1601 Belconnen, Block 1469 Belconnen, Block 2 Section 132 Holt.
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(8) The project was necessary to create a second, geographically distinct connection to the electricity network for the ACT. A connection is required to the existing Canberra substation at Belconnen and an existing easement is utilised to house this infrastructure. The construction of this infrastructure is undertaken in accordance with the standards.
(9) Noise and vibration during construction and operation were identified as part of the scoping stage of the EIS process. Consequently, a noise and vibration impact assessment (NVIA) was provided as a supporting document to the EIS. The NVIA considered corona discharge and wind aeolian noise (wind induced noise) to the nearest receivers (≥30m away). The NVIA concluded that estimated noise levels for the receivers would be within even the most stringent noise standards (night-time requirements).
(10) In general, high voltage transmission lines do not interfere with cell phones. Radio interference issues are limited to the lower frequency analogue transmission and locations remote from the transmitter. TransGrid standard structure geometry and conductor selection are designed to minimise or eliminate such interference issues. No issues are experienced at the higher frequencies of FM and cellular/digital transmission.
(11) All EISs and DAs require authorisation by the owner of the land. A letter of authorisation was provided by each lessee and land custodian prior to lodgement. A copy of this authorisation was provided in response to QON No 8 from the Inquiry into Referred 2018-19 Annual and Financial Reports.
(12) The EIS and DA process demonstrated that electromagnetic fields (EMF) are well below acceptable levels and ongoing live monitoring is not considered necessary.
(13) The ACT Government is not aware of any financial implications to current residents due to the administrative error in preparing the subject lease conveyancing reports.
Planning—McKellar shops (Question No 3227)
Mrs Kikkert asked the Minister for Planning and Land Management, upon notice, on 24 July 2020:
(1) In relation to the McKellar Shops site and the answer to question on notice No 3063, in which the Minister wrote that “time frames for development are dependent on lease conditions”, …, and that “failure to develop a site that is unused may constitute a failure to use a lease in accordance with the lease purpose clause”, what are the specific lease conditions for this site.
(2) Has the current leaseholder failed to comply with any of these conditions; if so, which ones.
(3) Has the current leaseholder of this site failed to use the lease in accordance with the lease purpose clause by failing to develop the site.
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(4) Given that development application approval for this site has expired, has another development application been filed by the current leaseholder; if so, when will a final decision to approve or reject be made; if not, how long can the current leaseholder fail to develop this property without the Government taking action and what action would the Government take in such a case.
Mr Gentleman: The answer to the member’s question is as follows:
As advised in the previous QON, where there is a current development approval, a leaseholder is generally considered to have demonstrated their intention to use the site in accordance with the lease purpose. In relation to the area in question, the planning and land authority has approved an application for the construction of a three-storey mixed use development including a supermarket, commercial tenancies and 22 residential units. These are consistent with the lease purposes. This development approval has not expired.
The responsibility for developing and tenanting a commercial site rests with the lessee of the block. The ACT Government has provided all relevant approvals to enable the current lessee to undertake works to provide a development that benefits the McKellar community.
Roads—accident black spots (Question No 3228)
Mrs Kikkert asked the Minister for Police and Emergency Services, upon notice, on 24 July 2020:
(1) In relation to the Kuringa and Kingsford Smith Drives intersection, what is the total number of road accidents located at or near this intersection for (a) 2018–19, (b) 2019–20 and (c) 2020-21 to the date this question being published.
(2) What is the total number of road accidents resulting in injuries located at or near this intersection for (a) 2018–19, (b) 2019–20 and (c) 2020-21 to the date this question being published.
(3) What is the total number of fatalities located at or near this intersection for (a) 2018-19, (b) 2019–20 and (c) 2020-21 to the date this question being published.
(4) How many road accidents involving at least one cyclist were located at or near this intersection for (a) 2018–19, (b) 2019–20 and (c) 2020-21 to the date this question being published.
Mr Gentleman: The answer to the member’s question is as follows:
(1) The total number of reported road accidents are as follows: (a) 2018–19 - 4 (b) 2019–20 - 2 (c) 2020-21 YTD - 0
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(2) The total number of reported road accidents resulting in injuries located at or near this intersection are as follows: (a) 2018–19 - 1 (b) 2019–20 - 1 (c) 2020-21 YTD - 0
(3) The total number of fatalities located at or near this intersection.
There were no fatalities for this period
(4) The total number of road accidents involving at least one cyclist located at or near this intersection.
There were no cyclists involved in reported road accidents for this period.
Children and young people—youth unemployment (Question No 3229)
Mrs Kikkert asked the Minister for Children, Youth and Families, upon notice, on 24 July 2020 (redirected to the Minister for Tertiary Education):
(1) Can the Minister provide a complete list of education and/or employment pathways currently available in the ACT for youth to find work.
(2) For each of the past five financial years, what has been the total recorded number and percentage of youth unemployment in the ACT for (a) all youth, (b) youth aged 15-18, (c) youth aged 15-21, (d) youth aged 15-24 and (e) youth aged 18-24.
Mr Steel: The answer to the member’s question is as follows:
1) Employment pathways programs and opportunities are offered by many organisations in the ACT, including universities, not-for-profits, private companies, private schools and the Australian Government. The ACT Government fully or partially funds and/or administers the following programs.
Work Experience (WEX)
WEX provides work-based experience to support school students to transition from school to working life in the community, and to enable students to test career choices against the realities of the workplace. A WEX placement is a student’s short-term, unpaid participation in the workplace as a learner and an observer. This forms part of a student’s broad career development and is not required to be linked to a specific course of study.
Student Aspirations Program
The ACT Education Directorate’s Student Aspirations Program promotes participation in leadership opportunities and supports the retention and attainment of Aboriginal and Torres Strait Islander students, focusing on pathways and transitions between schools, stages of schooling and beyond. The programs include:
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Scholarships
The Education Directorate administers two scholarship programs specifically for Aboriginal and Torres Strait Islander students:
• The Secondary Scholarship Program for students in years 11 and 12 supports student retention and year 12 completion by providing recipients with financial support in their final years of secondary study. • The Tertiary Scholarship Program is for students enrolled in teaching or an approved health course at an ACT university.
Broaden your horizons
Broaden Your Horizons is an annual career education event for Aboriginal and Torres Strait Islander students in years 9 to 12. To date, events have been held at the Supreme Court and the National Museum of Australia. Broaden Your Horizons provide participants with opportunities to engage with staff from a broad range of occupations and professions and to learn about different pathways into training and employment.
ACT Government Subsidised Vocational Education and Training (VET)
Vocational Education and Training (VET) in Schools
Undertaking vocational education and training (VET) at school allows students to combine general and vocational education with their senior secondary studies, and to create a pathway to further training, education or employment when they leave school.
VET studies allow school students to gain practical skills in a specific industry. Options are: • school-based VET courses, where the school is a registered training organisation (RTO) or partners with an RTO (for example, the Industry Pathways Course) • a vocational learning option (VLO) • an Australian School Based Apprenticeship (ASBA).
Industry Pathways Course (IPC) The IPC is a pre-apprenticeships pilot program for secondary school students, delivered in partnership between Skills Canberra, the Canberra Institute of Technology and Education Directorate. The IPC commenced in 2019 and provides a range of skills for work and life training to empower school students to make informed choices about their future education and employment pathways. The program also seeks to equip students with information about operating effectively and safely in a range of work environments. Students work towards a Certificate II in Skills for Work and Vocational Pathways as part of the two-year program.
Vocational Learning Options (VLOs) The ACT Education Directorate’s VLOs are short career education and vocational learning programs offered to young people in years 9, 10, 11 and 12. VLOs aim to connect students with their school, community, learning and work. VLOs focus on achieving outcomes for students that lead to nationally recognised VET credentials, increased self-confidence and career readiness, and development of core skills for work and/or employability skills.
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Australian School-based Apprenticeships Australian School Based Apprenticeships (ASBA) are like any apprenticeship or traineeship but commenced part-time as part of a student’s secondary schooling. Students earn a wage, train with an employer, and work towards an accredited qualification while undertaking their Senior Secondary Certificate.
Australian Apprenticeships
The ACT Government currently subsidises 565 qualifications accessible through an Australian Apprenticeship pathway in the ACT. Australian Apprenticeships are available in traditional trades, as well as a diverse range of emerging careers in most sectors of business and industry.
Skilled Capital
Skilled Capital is an ACT Government funded training initiative offering a comprehensive range of services and subsidies to provide Canberrans access to quality training and fill critical skills needs areas across a range of industries. Courses available through Skilled Capital range from certificate III to advanced diploma qualifications, as well as a selection if Skill Sets.
The Future Skills for Future Jobs Grants Program
The Future Skills for Future Jobs Grants Program provides funding for projects with a strong connection to Australian Apprenticeship commencements and job creation to address future workforce needs. There are currently six programs focusing on industries such as early childhood education and care, digital media and design, construction and digital literacy. The target cohorts include Aboriginal and Torres Strait Islander people, youth at risk, matured age workers, women in trades, long-term unemployed and people with disability.
Adult Community Education Grants Program
The ACE Grants Program delivers accredited and non-accredited foundation skills learning activities to participants aged 17 years or older. The intent of this program is to improve participant access to subsequent formal training and enhance their prospects for employment.
CIT’s ACT Senior Secondary Certificate (Year 12)
CIT’s vocational Year 12 Certificate combines practically focused English, maths and business subjects with work qualifications at certificate II and III levels in areas such as children’s services, fitness, design, hairdressing, culinary skills or automotive. The Year 12 Certificate is delivered in a flexible environment with part-time and flexible study options available. The Year 12 Certificate is ideal for building academic skills, and confidence for work and further study with the support of flexible study options.
Ginninderry SPARK training and employment programs
SPARK partners with RTOs and non-government organisations to deliver training and employment initiatives and programs targeting key cohort, including young people, who are disconnected from the labour market. Programs include pathways to traineeships and apprenticeships in construction, horticulture, landscaping,
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conservation land management, aged care, home and community care, individual support services, early childhood education and care, business administration and hospitality. The ACT Government has provided funding to support the expansion of the SPARK Ginninderry training and employment initiative, in addition to training subsidies provided through Skilled Capital and CIT.
ACT Public Service Aboriginal and Torres Strait Islander Vocational Employment Program
The ACT Public Service (ACTPS) Aboriginal and Torres Strait Islander Vocational Employment Program (the Program) is a 12-month employment entry program, that is open only to applications from Aboriginal and Torres Strait Islander People. This is a flexible employment entry program that can accommodate the varied needs of each Directorate and their business units/work areas and what they need from their staff. The Program is an opportunity to provide employment entry for Aboriginal and Torres Strait Islander people into a diverse range of job roles across all Directorates within the ACTPS.
University Education
A range of options are available to students through tertiary education pathways. These include bridging and extension courses offered by the Australian National University and University of Canberra to ACT Year 11 and 12 students in several subject areas which can be credited against university course requirements.
(2) The table below provides data from the Australian Bureau of Statistics relating to youth unemployment in the ACT. The Australian Bureau of Statistics does not publish data for the other age cohorts.
15 – 19 Years 15 – 24 Years Total Unemployment Total Unemployment Financial Unemployed rate Unemployed rate Years Number % Number % (‘000) (‘000) 2015-16 1.7 13.5 2.7 7.3 2016-17 1.4 10.4 3.7 9.5 2017-18 1.0 7.6 2.3 6.1 2018-19 0.9 6.6 1.7 4.0 2019-20 1.3 10.2 3.0 7.7 Source: ABS Cat. No. 6202.0 and 6291.0.55.001. Notes: 1. Data is available in original terms only for the two age groups in the above table and should be used with caution due to its high volatility. 2. The data is for the month of June in each financial year. 3. The 15 – 24 years age group data is inclusive of the 15 – 19 years age group data. The age cohort 15 – 24 years is the most used measure for youth employment.
Animal deaths—Kuringa Drive (Question No 3230)
Mrs Kikkert asked the Minister for City Services, upon notice, on 24 July 2020 (redirected to the Minister for Roads and Active Travel):
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(1) How many instances of roadkill were reported and/or collected by City Services along Kuringa Drive, west of the Kingsford Smith and Kuringa Drives intersection, for each of the past three years.
(2) How many reports of injured wildlife were received by City Services for the location referred to in part (1), for each of the past three years.
(3) Can the ACT Government provide a copy of the most recent traffic study conducted on the Kuringa and Kingsford Smith Drives intersection as part of the answer to this question.
(4) If there is no traffic study on this intersection, will the ACT Government arrange for one to be conducted.
Mr Steel: The answer to the member’s question is as follows:
(1) Parks and Conservation Service (PCS) are aware of three dead kangaroos reported in the last three years.
(2) PCS are aware of 11 injured kangaroos reported in the last three years.
(3) The Black Spot Study 2009 is at Attachment A. This study was funded through the Black Spot Program in 2009-10 as the intersection of Kuringa and Kingsford Smith Drives met the eligibility requirements at this time.
(4) After the works were implemented through the Black Spot Program, safety was improved and the crash rate reduced, therefore no further studies were commissioned.
(A copy of the attachment is available at the Chamber Support Office).
Animals—dogs (Question No 3231)
Mrs Kikkert asked the Minister for City Services, upon notice, on 24 July 2020:
(1) Does the ACT Government provide dog waste bags at any dog parks off off-leash areas; if so, which locations; if not, will the ACT Government consider providing dog waste bags for the off-leash area located adjacent to the Flynn community hub as a means to address dog waste issues in this area.
(2) What other measures will the ACT Government take to reduce dog waste and improve maintenance of this area.
Mr Steel: The answer to the member’s question is as follows:
(1) Currently across the ACT dog waste bags are installed at the following high use locations: • Forde Dog Park • Casey Dog Park • Belconnen Dog Park • O’Connor Dog Park • Yarralumla Dog Park
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• Duffy Dog Park • Tuggeranong Dog Park • Palmerville Park in Evatt
It is a legislative requirement for dog owners to carry and use them, however the Government will continue to consider locations for dog waste bag dispensers.
(2) Removal of dog waste is the responsibility of dog owners. Consistent with the Canberra Dog Model, the Government is working to encourage responsible dog ownership including through education campaigns and on-ground engagement and education by TCCS rangers. Maintenance of the public realm in this area is undertaken as part of city-wide maintenance programs.
Municipal services—cyclepaths (Question No 3232)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 24 July 2020:
Will the ACT Government extend the cycleway along the east side of Alberga Street, Kaleen, enabling children and families in Bruce to more safely travel to their catchment area school, Maribyrnong Primary; if so, when will work be anticipated to be completed; if not, what alternative measures does the ACT Government have to address the safety concerns on this road.
Mr Steel: The answer to the member’s question is as follows:
Transport Canberra and City Services (TCCS) constructed a shared path on the southern side of Alberga Street, from the underpass under Ginninderra Drive in August 2018.
This path terminates approximately 200 metres east of the underpass. A pram crossing has been provided at this location to connect with the western side of Alberga Street and the existing shared path on the western side of Alberga Street. This path leads to a children’s crossing at a distance of about 300 metres located in front of the school for pedestrians to safely cross and access the school.
Roads—traffic calming (Question No 3233)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 24 July 2020:
(1) In relation to the answer to question on notice No 2688 in which the Minister wrote that a traffic study report had recommended “a combination of speed humps on Shakespeare Crescent and an intersection upgrade at the Rogers Street/Shakespeare Crescent [intersection]. The ACT Government will install traffic calming measures on Shakespeare Crescent as the first priority measure in 2019–20, as a reduction in vehicle speeds may address the ‘line of sight / visibility’ issues at the intersection without further work being required’, why were no traffic calming measures installed in Shakespeare Crescent in 2019–20.
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(2) When can residents expect these promised traffic calming measures to be installed.
(3) How long after the installation is complete will there be sufficient data to know if the intersection upgrade should go ahead or not.
Mr Steel: The answer to the member’s question is as follows:
(1) Traffic calming measures on Shakespeare Crescent are part of a greater local area traffic management project. The design of this project was updated in 2020, although due to unprecedent events with bushfires and COVID-19, it has been delayed.
(2) The project is expected to commence in October 2020 and be completed by early 2021, unless further unexpected events occur.
(3) Transport Canberra and City Services will evaluate the effectiveness of the traffic calming measures on Shakespeare Crescent 12months after their implementation. Any modifications to the implemented scheme or additional improvements on the road will depend on the outcomes of this evaluation.
Roads—traffic management (Question No 3234)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 24 July 2020:
(1) What date did traffic light works commence for the intersections of Tillyard and Ginninderra Drives and Tillyard Drive and Lhotsky Street.
(2) What date were the works completed and in full operation.
Mr Steel: The answer to the member’s question is as follows:
(1) Possession of site was issued to the contractor on 29 March 2019.
(2) The new traffic signals commenced operation on 25 October 2019.
Transport—maintenance (Question No 3235)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 24 July 2020:
(1) Given that the future bus stop that is located on the north side of Stockman Avenue near its intersection with Jumbuck Crescent, Lawson, has 12 tiles of yellow tactile indicators on the footpath and that these tiles have come loose, and their edges have curled up, creating a trip hazard and that in a letter dated 27 May 2020, the Minister stated that RoadsACT had inspected the site and arranged for the tactiles to be replaced “as soon as possible”, with an expectation that the repair would be completed
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“by the end of May 2020”, as the tactile indicators in this location are currently in the same condition as before, were the tactile indicator tiles in this location repaired or replaced in 2020; if so, why has the same problem emerged.
(2) What can and will be done to create a more lasting fix.
(3) When will this be completed.
(4) If the tactile indicator tiles have not been repaired or replaced yet, why not and when will they be.
Mr Steel: The answer to the member’s question is as follows:
(1) Following an initial inspection of the tactiles, there were no immediate safety concerns identified. The tactiles were then listed on a program for replacement in May. Due to competing priorities and impacts on resourcing, materials and work activities associated with COVID-19, there were delays to these works being completed in May. The site was inspected again in the week beginning 10 August 2020 and due to the further deterioration of the tactiles, they were subsequently removed on 20 August 2020.
(2) It has been established that a ceramic tactile would provide greater durability and withstand vehicle damage than the existing indicators.
(3) Roads ACT is in the process of identifying a supplier that has concrete block tactiles in stock and placing an order. The timeframe will depend on supply timeframes for the tactiles, which may be impacted due to COVID-19 border and supply restrictions, however Roads ACT is hopes installation will be completed by the end of September 2020.
(4) See (3).
Flynn community hub—management (Question No 3236)
Mrs Kikkert asked the Minister for Community Services and Facilities, upon notice, on 24 July 2020:
(1) What roles and responsibilities does the ACT Government have in managing the Flynn community hub.
(2) How much funding does the ACT Government provide the hub each year and can the Minister provide a breakdown of costs for the use of this funding.
Ms Orr: The answer to the member’s question is as follows:
1. ACT Property Group (ACTPG) manage the Flynn Community Hub property on behalf of the Territory. The facility is multi tenanted with ACTPG managing various agreements for the tenants at the site. This includes an agreement with the Weston Creek Community Centre who manage the hireable hall at the site.
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2. Funding spent on Flynn Community Hub is a combination of operating costs, repairs and maintenance and capital upgrades, with varying amounts spent each year. The average spend over the last six years is $262,832.
The table below shows the expenditure for the last six years: FLYNN COMMUNITY HUB 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 AVERAGE operating costs 136,005 117,793 125,346 129,623 114,333 78,659 116,960 repairs & maintenance 19,263 91,095 119,637 137,854 107,321 45,559 86,788 capital upgrades - 64,028 156,282 108,581 - 25,613 59,084 total 155,268 272,916 401,265 376,058 221,654 149,831 262,832
Government—services (Question No 3237)
Mrs Kikkert asked the Minister for Employment and Workplace Safety, upon notice, on 24 July 2020 (redirected to the Minister for Tertiary Education):
(1) In relation to employment pathways and opportunities, can the Minister provide a complete list of the following opportunities that are currently available to residents in the ACT, (a) online learning opportunities, (b) certification programs, (c) intensive programs, (d) apprenticeships, (e) vocations, technical and trades education, (f) associate’s degrees, (g) early college programs and (h) programs for veterans/transition into civilian careers.
(2) Can the Minister provide a complete list of any government services and resources that are currently available to residents in the ACT in relation to (a) self-assessments to help Canberrrans discover individualised work and learning styles in search of a suitable employment path, (b) home and life services where Canberrans can find help for tuition, food assistance, healthcare and childcare, (c) professional development to help Canberrans learn how to write resumes, prepare for interviews and other useful tips when seeking employment and (d) assessments and resources to transition into a civilian career.
Mr Steel: The answer to the member’s question is as follows:
1) Employment pathways programs and opportunities may be offered by many organisations in the ACT, including universities, not-for-profits, private companies, private schools and the Australian Government. The ACT Government fully or partially funds and/or administers the following programs.
a) Online learning opportunities Registered training organisations (RTOs) and universities deliver nationally recognised or accredited qualifications to eligible students in the ACT using distance, online and blended learning modes.
The Canberra Institute of Technology (CIT) is the ACT’s public provider of government-funded vocational education and training (VET). There are currently 85 RTOs, including CIT, that also offer subsidised training through Australian Apprenticeships and the Skilled Capital programs in the ACT. A further 57 RTOs can deliver fee for service training to ACT residents.
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b) Certification programs ACT schools issue the following certifications and qualifications: • The ACT Year 10 Certificate • ACT Senior Secondary Certificate and Record of Achievement • Tertiary Entrance Statement • Statement of Achievement • VET Certificates and Statements of Attainment
Canberra Institute of Technology (CIT) CIT offers approximately 300 courses at different levels through five campuses across Canberra. CIT offers a variety of courses ranging from foundation and pre-vocational skills through to commercial post trade training for licensed trades and professional and post graduate qualifications in areas such as ICT and Cyber Security.
Skilled Capital Skilled Capital is an ACT Government funded training initiative offering a range of subsidies towards training to fill critical skills needs areas across a range of industries. Courses available through Skilled Capital range from certificate III to advanced diploma qualifications. Skills sets (shorter training courses, comprising one or more units of competency linked to a licensing requirement or an industry need) are also offered under Skilled Capital.
Australian Apprenticeships Licensed trades such as Electrical and Plumbing require the completion of an Australian Apprenticeship prior to undergoing assessments for licensing requirements. These apprenticeship pathways are subsidised by the ACT Government.
Overseas Qualifications Assessment Through the formal recognition of overseas qualifications, Canberrans have greater opportunities and more effective access to employment opportunities in the ACT. The
ACT Office for Multicultural Affairs OMA facilitates the national Overseas Qualifications Assessment process for ACT residents. In 2019-20, a total of 177 Canberrans received free assessments of their overseas higher education qualifications.
c) Intensive programs Adult Community Education Grants Program The ACE Grants Program delivers accredited and non-accredited foundation skills learning activities to participants aged 17 years or older. The intent of this program is to improve participants’ access to subsequent formal training and enhance their prospects for employment.
The Future Skills for Future Jobs Grants Program The Future Skills for Future Jobs Grants Program provides funding for projects with a strong connection to Australian Apprenticeship commencements and job creation to address future workforce needs. There are currently six programs focusing on industries such as early childhood education and care, digital media and design, construction and digital literacy. The target cohorts include Aboriginal and Torres Strait Islander people, youth at risk, matured age workers, women in trades, long-term unemployed and people with disability.
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Mature Workers Programs The Mature Workers Grants Program aims to support new services designed to address barriers experienced by mature workers seeking to upskill or reskill. The Mature Workers Grants Program also aims to identify and address barriers impacting employers’ utilisation of Canberra’s mature workforce to meet their skills needs. The ACT Government, through Skills Canberra, is looking to fund new activities that will assist employers to recruit and retain skilled, experienced, mature workers.
d) Australian Apprenticeships The ACT Government currently subsidises 565 qualifications accessible through an Australian Apprenticeship pathway in the ACT. Australian Apprenticeships are available in traditional trades, as well as a diverse range of emerging careers in most sectors of business and industry.
Australian School Based Apprenticeships (ASBA) are like any apprenticeship or traineeship but commenced part-time as part of a student’s secondary schooling. Students earn a wage, train with an employer, and work towards an accredited qualification while undertaking their Senior Secondary Certificate.
e) Vocations, technical and trades education Skilled Capital and Australian Apprenticeships – as described above – are forms of vocational, technical and trades education.
ACT Public Service Aboriginal and Torres Strait Islander Vocational Employment Program The ACT Public Service (ACTPS) Aboriginal and Torres Strait Islander Vocational Employment Program (the Program) is a 12-month employment entry program, that is open only to applications from Aboriginal and Torres Strait Islander People. This is a flexible employment entry program that can accommodate the varied needs of each Directorate and their business units/work areas and what they need from their staff. The Program is an opportunity to provide employment entry for Aboriginal and Torres Strait Islander people into a diverse range of job roles across all Directorates within the ACTPS.
Ginninderry SPARK training and employment programs SPARK partners with RTOs and non-government organisations to deliver training and employment initiatives and programs targeting key disadvantaged groups (youth, Aboriginal and Torres Strait Islander, mature-aged, long term unemployed and culturally and linguistically diverse people) who are disconnected from the labour market. Programs include pathways to traineeships and apprenticeships in construction, horticulture, landscaping, conservation land management, aged care, home and community care, individual support services, early childhood education and care, business administration and hospitality. The ACT Government has provided funding to support the expansion of the SPARK Ginninderry training and employment initiative, in addition to training subsidies provided through Skilled Capital and CIT.
f) Associate degrees Associate degrees are available to Canberrans from many universities. These are not funded or administered by the ACT Government.
g) Early College Programs The Education Directorate’s Gifted and Talented Students Policy 2014 outlines provisions to meet the needs of gifted and talented students. These include differentiated programs and full or part grade acceleration.
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Some ACT public colleges offer year 10 programs, such as the: • Year 10 SMART Program at Gungahlin College • Year 10 in College program at Erindale College • Magellan@College and Headstart programs at Melba Copland Secondary School.
h) Programs for veterans/transition into civilian careers The ACT Government’s Workforce Capability and Governance branch supports the transition of Australian Defence Force (ADF) personnel, and their spouses and children, into the ACT Public Service (ACTPS).
The ACT Government Veterans Employment Strategy has several components including: • the ACTPS Veterans’ Employment Transition Guide for people considering professional options after a career in the ADF • the Veterans’ Employment Register • Veterans’ Executive Champions • the Guide to Employing Veterans in the ACT Public Service • the ACTPS Veterans’ Mentoring Program. 2)
a) Self-assessments to help Canberrans discover individualised work and learning styles in search of a suitable employment path CIT offers a range of support services to potential students which includes career guidance and advice through CIT Student Services and Student Support. Language, Literacy and Numeracy (LLN) assessments are also facilitated by CIT through the Vocational Skills and Pathways department to assist Canberrans who are needing assistance in understanding their study capabilities and to identify areas where students may need additional learning support to achieve the best outcomes.
b) Home and life services where Canberrans can find help for tuition, food assistance, healthcare and childcare
Vocational Education and Training support CIT offers a wide range of support mechanisms for students in need which include fee assistance, disability support, study support, counselling, migrant support and international student support. The CIT Student Association (CITSA) is also active in providing a range of support services for students including student accommodation, preparatory skills for employment including resume assistance and interview preparation, peer tutoring and provide advocacy support for students when needed. In addition to these services, CIT also offers a wide breadth of support for Indigenous students through the CIT Yurauna Centre.
General food relief service provision In response to the COVID-19 pandemic, and as part of the Community Support Package to meet the increased service demands for emergency relief, the ACT Government allocated funding to support food relief in the ACT. The ACT Government worked with community partners to establish the Canberra Relief Network (CRN), mobilising a collective effort across the sector to respond to the needs of the community. By coordinating on behalf of Canberra community agencies, the CRN has greater leverage with suppliers to facilitate as much food as possible into a central location to then be distributed locally.
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c) Professional development to help Canberrans learn how to write resumes, prepare for interviews and other useful tips when seeking employment
Work Experience and Support Program (WESP) The Community Services Directorate’s Work Experience and Support Program is designed to support Canberran’s from a cultural and linguistically diverse background who have been seeking meaningful employment for two years or more.
The program provides the opportunity for participants to gain office skills, practical job seeking skills, prepare for entry into the workforce including resume writing and interview skills; gain practical experience in the ACT Government and establish a personal network of contacts for future work and training options.
ACT Women’s Return to Work program The Women’s Return to Work (RTW) Program supports women, who have been out of the workforce for an extended period due to caring responsibilities to prepare for, obtain and maintain employment.
A one-off grant funding of $1,000 per woman can be used for a range of things including training and education, textbooks, driving lessons, starting a new business and clothing for job interviews or work.
In June 2019, a 12-month Future Skills for Future Jobs (FSFJ) Grant, allowed the RTW Program to expand through a partnership with sector organisations. Under the expanded RTW Program, all women who received the $1,000 RTW Grant were also given one-on-one mentoring to better link them to support services, vocational education/training opportunities and employment pathways, through a relationship manager based at UCK. They were also provided with wrap-around support which included access to emergency food relief, parenting programs and domestic and family violence support. The expanded Program also consisted of a series of workshops and individualised sessions aimed at providing women with the skills and confidence they need to return to work. Workshops included advice on how to write a resume, how to prepare for a job interview and how to speak confidently in public.
The Child, Youth and Family Services Program The Child, Youth and Family Services Program (CYFSP) funds group-based services that work to achieve positive change (e.g. behaviour, knowledge, skills) for vulnerable and in need children, young people and/or their families. The following organisations provide these services: • Belconnen Community Service • Canberra PCYC • Relationships Australia • MARSS Australia • St Vincent de Paul • Tuggeranong Community Arts
c) Assessments and resources to transition into a civilian career
Per 1)h) above.
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Vehicles—registration (Question No 3238)
Ms Lawder asked the Minister for Business and Regulatory Services, upon notice, on 31 July 2020:
(1) Can the Minister provide the average price of registering a caravan in (a) 2020, (b) 2010 and (c) 2000.
(2) Can the Minister provide the average price of registering a trailer in (a) 2000, (b) 2010 and (c) 2020.
(3) Can the Minister provide the average price of registering a boat in (a) 2020, (b) 2010 and (c) 2000.
(4) Can the Minister provide the average price of issuing a driver license in (a) 2020, (b) 2010 and (c) 2000.
(5) Can the Minister provide the average price of registering a Mitsubishi station wagon in (a) 2020, (b) 2010 and (c) 2000.
Mr Ramsay: The answer to the member’s question is as follows:
1&2) Caravan and trailer registration is based on the weight of the caravan or trailer. To determine the average price over a year would comparison across each weight category, by the number of trailers registered and would be an unreasonable diversion of public resources from the processing of transactions.
3) The ACT Government does not have a boat licence or registration scheme. ACT residents wishing to obtain a boat licence or register a boat should contact another state or territory’s relevant agency, such as NSW Roads and Maritime Services.
4) See attachment A
5) There are about 150 different models and variants of Mitsubishi station wagon, registered in the ACT. A number of changes brought in by the Government make comparison across this period of time not equivalent, including: a) three new Compulsory Third Party Insurance providers were introduced in the ACT in July 2013, introducing competition to the industry; b) a 2% discount has been offered on 12-month registrations since September 2014 c) the Lifetime Care and Support Levy was introduced in July 2014 d) in February 2020, the Compulsory Third Party Insurance Scheme was replaced by the Motor Accident Injuries Scheme
(A copy of the attachment is available at the Chamber Support Office).
Domestic Animal Services—expenditure (Question No 3239)
Ms Lawder asked the Minister for City Services, upon notice, on 31 July 2020:
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Can the Minister provide a financial breakdown of what the $840 000 allocated to works at the Domestic Animal Services shelter will be spent on.
Mr Steel: The answer to the member’s question is as follows:
The $840,000 allocated for upgrade works at the Domestic Animal Services shelter on Mugga Lane will be spent on the design and construction of 12 new Dangerous Dog Kennels. The works will include demolition, earthwork and services trenching, design and construct services, hydraulic services, electrical services, communications and security services, mechanical services, concrete, structural steel, termite control, carpentry, blockwork, insulation, membranes, roofing, cladding, windows, doors, lining, splashbacks, flooring, painting, joinery, metal work, fences, paving, external works and construction of an access ramp.
I am unable to provide a financial breakdown due to commercial in confidence as part of the upgrade/construction contracts.
Waste—recycling (Question No 3240)
Ms Lee asked the Minister for the Environment and Heritage, upon notice, on 31 July 2020 (redirected to the Minister for Recycling and Waste Reduction):
(1) What is the estimated increase in recycled materials likely to be produced through the recently announced upgrade to the Materials Recovery Facility (MRF) under the Federal Government’s Recycling Modernisation Fund.
(2) What potential markets are there for the anticipated increase in paper and cupboard, mixed plastics and glass.
(3) Will the increased MRF capacity require an extension of partnerships with the current list of local regional councils or will the ACT provide sufficient material for the MRF to operate at maximum efficiency.
(4) Has any modelling or assessment been done; if so, can the Minister provide a copy of that modelling.
Mr Steel: The answer to the member’s question is as follows:
(1) The upgrades to the Materials Recovery Fund (MRF) will enable the ACT to reduce the contamination levels and improve the quality in recycled product to meet standards defined by the Council of Australian Governments waste export ban for glass, plastics streams and paper and cardboard.
(2) The higher quality recyclable products produced by the upgraded MRF can be used in potential local and export markets, and could include, but not limited to: a. Paper / cardboard – Recycled paper products include office paper and cardboard products, newsprint and packaging papers. These use far less energy, water and produce lower carbon emissions than products using virgin wood pulp.
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b. Plastic Streams – The MRF upgrades would minimise the amount of mixed plastic generated and produce a single resin plastic product that can be used in the automotive industry, clothing industry, remade into containers in the detergent industry, carpet manufacturing or, if specific streams are washed and flaked, they can be remanufactured into food grade beverage containers. c. Glass Streams (crushed and broken) – Remanufactured into bottles again or used in the construction industry for concrete pavements, bitumen in roads, tile production, filtration material and sand blasting media as well as building construction industry, if washed and crushed to meet specific criteria.
(3) No, the upgrades would improve the quality of the materials produced. The current materials come from a variety of locations and sources including five regional NSW councils and this is not envisaged to change.
(4) In 2019-20 the MRF processed 62,000 tonnes of materials from; ACT household collections, six ACT Regional Drop-Off Centres, commercial operators, five regional councils, the ACT Container Deposit Scheme (CDS) and the NSW CDS from surrounding NSW Councils. These sources of material are not expected to change. An assessment of the MRF will be carried out in terms of its current asset condition, efficiency, downtime, plant configuration and layout. This work will inform the modelling for the MRF upgrade project and the additional capacity/ efficiencies that it will generate. This assessment is planned for late 2020 and associated modelling will be done in the planning stage of the project.
Trees—canopy (Question No 3241)
Ms Lee asked the Minister for the Environment and Heritage, upon notice, on 31 July 2020 (redirected to the Minister for City Services):
Can the Minister provide the percentage of tree cover for each ACT suburb.
Mr Steel: The answer to the member’s question is as follows:
(A copy of the answer is available at the Chamber Support Office).
Education—international students (Question No 3242)
Ms Lee asked the Minister for Education and Early Childhood Development, upon notice, on 31 July 2020:
(1) For calendar years (a) 2016, (b) 2017, (c) 2018 and (d) 2019, how many international students were enrolled in ACT government schools in (i) primary school, (ii) high school and (iii) college.
(2) For the years and categories set out in part (1), (a) what categories of visa applied to each student and (b) how many students were in each of those categories.
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(3) For the years and categories set out in part (1), (a) what was the total amount of fees collected, (b) what was the individual per student fee and (c) on what basis were each category of fee determined.
(4) For each of the years set out in part (1), (a) how many fee waivers were sought, (b) on what basis were they requested and (c) how many were granted and by whom.
Ms Berry: The answer to the member’s question is as follows:
1) For the purpose of this Question on Notice, international students are defined as full fee-paying students on visa 500 (school sector) and school aged dependants of temporary residents for whom tuition fees are liable. The number of international students enrolled in ACT public schools (2016-2019) is shown in the table below.
Primary High College Total 2019 155 138 303 596 2018 149 198 303 650 2017 126 221 388 735 2016 107 235 337 679
2) a) International full fee-paying students hold visa 500 (school sector) or, for those enrolled as dependants of temporary residents, the visa classification and subclass of their parent applies.
b) (i) The number of visa 500 (school sector) students enrolled in ACT public schools (2016-19) is shown in the table below. The figures reflect December data annually.
Year Visa 500 (school sector) 2019 416 2018 373 2017 598 2016 548
(ii) The Directorate aggregates data for school age dependants of temporary residents and is unable to report on the number of students in each visa type relevant to those residents as there are numerous subclasses able to be applied and changes often occur within the period of school enrolment. 3) a) Total fees collected is recorded in the table below.
Year International Private Students Fees $’000 2018-2019 $8,967 2017-2018 $10,462 2016-2017 $9,995 2015-2016 $9,002
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b) Individual per student fee is recorded in the table below. $ per annum Application Fee (non-refundable) $265 Pre-school $4,200 Primary $11,100 High School $14,500 College $16,200
c) The Education Directorate applies an Overseas Students: Fees Charging Policy when determining tuition fees liability. This policy reflects section 26 of the Education Act (2004). 4) a) Due to changes in data collection and reporting, figures for 2016 to 2018 are not available. In 2019 fee waivers were sought for 17 students and, to date, in 2020 there are 23 requests. b) Fee waivers are requested due to financial hardship or for compassionate and compelling grounds arising after visa grant and arrival in Australia. c) A recommendation as to applicability of a fee waiver is made to the Director- General ACT Education Directorate for determination. In 2019, there were fee waivers for 15 students and a fee payment schedule negotiated for two students. To date in 2020, six have been granted, 15 are in progress and a fee payment schedule actioned for two students.
Bus layover project—Turner (Question No 3244)
Ms Lee asked the Minister for Transport, upon notice, on 31 July 2020:
(1) What is the current status of the proposed Turner bus layover project.
(2) What community consultation has been undertaken.
(3) What feedback has been received by residents relating to this proposal.
(4) When is the anticipated date of completion.
Mr Steel: The answer to the member’s question is as follows:
(1) Final design of the Turner Bus layover has been completed. Public notification of the Development Application commenced on 5 June and closed on 29 June 2020.
(2) TCCS is waiting for the final Notice of Decision (NOD) from the Environment, Planning and Sustainable Development Directorate (EPSDD) regarding development approval. The tender for construction closed on 18 August 2020.
(3) The project has been under consideration for many years and to ensure the best outcomes for the community, extensive consultation has been undertaken commencing in 2012 with consultation on the bus layover and interchange feasibility study, a public exhibition was held in 2013, consultation was undertaken on the draft variation to the Territory Plan in 2014 and more recently in April 2020. In addition, TCCS has provided development documents to the North Canberra Community Council for dissemination to their networks.
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(4) One formal submission was received by a resident through the Development Application process.
(5) Completion is expected in mid-2021.
Development—Belconnen (Question No 3246)
Mrs Kikkert asked the Minister for Planning and Land Management, upon notice, on 31 July 2020 (redirected to the Minister for Urban Renewal):
What is the anticipated date for commencement of construction for the development sites in Belconnen of (a) Block 45, Section 54 (former dental clinic) and (b) Block 17, Section 152 (across the road from Belconnen Community Services).
Mr Gentleman: The answer to the member’s question is as follows:
a) The sale of Block 45 Section 54 Belconnen is currently subject to a Demonstration Housing Request for Tender (RFT) process, which is expected to conclude in late 2020. If successful through the RFT process, the purchaser must undertake community engagement on the proposed use of the land and present plans to the National Capital Design Review Panel on the design of the building, before lodging a Development Application. Based on an estimate of the time taken to undertake these activities, construction could commence in the second half of 2021.
b) Block 17, Section 152 Belconnen is currently subject to sale negotiations. Once exchange has taken place, the buyer will put forward their development proposal and follow statutory requirements (which includes NCDRP review and public notification) to achieve Development Application approval. Based on current approval timeframes it is anticipated the construction may commence within 12 to 18 months post exchange date.
Development—Belconnen (Question No 3247)
Mrs Kikkert asked the Minister for Planning and Land Management, upon notice, on 31 July 2020 (redirected to the Minister for Urban Renewal):
(1) What are all the sources of contamination present at the site of the former Fire and Ambulance Stations on Lathlain Street, Belconnen.
(2) What are the details of the remediation process that will be undertaken prior to demolition.
(3) Who will be redeveloping this site and what will be constructed after demolition is complete.
(4) When will construction commence.
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(5) Will the greenspace adjacent to this site be redeveloped; if so, how will this space be developed and when will construction commence.
Mr Gentleman: The answer to the member’s question is as follows:
(1) Hazardous materials present on the site are bonded asbestos, asbestos pipe cladding and gaskets, Polychlorinated Biphenyls (in the form of fluorescent lights) and per-and poly-fluoroalkyl (PFAS) impregnated masonry in parts of some of the buildings. The sources of contamination are the original building materials that were widely used when the facility was constructed in the 1970s and fire retarding foams containing PFAS used for fire-fighting training on the site.
(2) Environmental engineers have inspected all buildings and provided samples of building materials for laboratory testing. Test results are incorporated into the Building Materials Waste Management Plan and Remedial Action Plan that have been reviewed and endorsed by an independent Environmental Auditor.
Hazardous materials are all being colour coded in-situ prior to demolition, so the demolition contractor can clearly differentiate the five waste streams that are determined by Environmental Protection Authority requirements. The waste streaming is being monitored by a Territory appointed Environmental Engineer and records are independently reviewed by the Environmental Auditor.
(3) Future site development is currently unknown. Full site remediation will be completed prior to sale.
(4) After the sale of the land, the new owner will put forward their proposal for future development.
(5) An extract from the Belconnen Precinct Map and Code (1 March 2019) is provided at Attachment A. Development intentions for the precinct include the extension of Walder Street through to Lathlain Street, urban open space and mixed-use development ranging from four to 18 storeys. The vacant land on the corner of Cohen and Lathlain Streets is identified for the tallest building and heights step down to the north. An urban park is identified in the centre of the precinct as shown in Attachment A.
(A copy of the attachment is available at the Chamber Support Office).
Development—Belconnen (Question No 3248)
Mrs Kikkert asked the Minister for Planning and Land Management, upon notice, on 31 July 2020:
Are there any fault lines directly under or in the vicinity of the Cirrus Belconnen development; if so, (a) how many and where are they located, (b) how has the existence of fault lines been addressed in the safe development and construction of these apartments and (c) what are the relevant risks and concerns of building on or near a fault line and what measures have been taken to address these issues in the planning and development of these apartments.
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Mr Gentleman: The answer to the member’s question is as follows:
No.
Care and protection orders—expenditure (Question No 3249)
Mrs Kikkert asked the Minister for Children, Youth and Families, upon notice, on 31 July 2020:
How much in total did the ACT Government spend on defending care and protection orders subject to an application for amendment or revocation for each of the past five financial years.
Ms Stephen-Smith: The answer to the member’s question is as follows:
An application for amendment or revocation of a Care and Protection Order can occur during existing proceedings or separately. Over the past five years, the ACT Government Solicitor (ACTGS) has taken carriage of approximately 436 care and protection matters. Not all applications are referred to the ACTGS for conduct.
Data broken down by the nature of the application is not held and to respond to the question would require a manual search of the records of ACTGS over the period which would be an unreasonable diversion of resources.
Municipal services—footpaths (Question No 3250)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 31 July 2020:
(1) When was the footpath that traverses the reserve on the southern side of Kuringa Drive, running from Tillyard Drive, temporarily merging with Rochford and Brophy Streets, Fraser, before turning south into the narrow strip of reserve between Fraser and Spence, last upgraded or repaired.
(2) Given that badly damaged sections of this path have been marked for repair for some time (using spray paint), when (a) was this path last inspected for needed repairs and (b) were these sections marked for repair with spray paint.
(3) When will this footpath be repaired.
(4) When my request for a shared path in the vicinity of Kuringa Drive between its intersections with Tillyard Drive and Owen Dixon Drive was recently assessed and placed on the community path infill program list to be considered in a future capital works program, did this assessment process look at the possibility of locating the shared path in the reserve that exists immediately south of Kuringa Drive.
(5) Has the conversion of the reserve’s existing access road into a shared path been considered as part of this assessment or any other; if not, will the Government consider this option.
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Mr Steel: The answer to the member’s question is as follows:
(1) The section of footpath on the southside of Kuringa Drive between Tillyard Drive and Rochford Street was last repaired in December 2019.
(2) The sections of the damaged footpath were inspected and marked on 22 June 2020 for repairs.
(3) The immediate public safety concerns are expected to be addressed by September 2020 and replacement sections will be completed within 12-18 months.
(4) The proposed community paths have been partitioned into three sections for assessment: a) Asphalt community path on the southern side in the open space between Clarey Crescent and Kuringa Drive from Kingsford Smith Drive to Owen Dixon Drive/Boote Street intersection. It will include short links from/to Owen Dixon Drive on-road cycling lane and future connection with Fraser area. The path is approximately 550m long and 1.8m wide with a kerb ramp. b) Asphalt off-road community path starts on the southern side from opposite the Owen Dixon Drive/Boote Street intersection to Barton Highway. It also provides short links from/to Owen Dixon Drive on-road cycling lane and from/to the opposite side. The proposed path is approximately 1375m long and 1.8m wide with a kerb ramp. c) Asphalt off-road community path starts on the northern side from the floodway entrance near Kingsford Smith Drive to Barton Highway. The proposed path is approximately 1610m long and 1.8m wide.
(5) The conversion of the reserve’s existing unsealed access track into an asphalt shared path has not been considered as part of this assessment or any other, as the track forms part of the Bicentennial National Trail (BNT). Planning for active travel and recreational trails takes into consideration the separation of equestrian routes such as the BNT from other active travel routes where possible to avoid potential conflicts with people walking and cycling.
Municipal services—footpaths (Question No 3251)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 31 July 2020:
(1) Is the Government aware of a footpath that connects Alroy Circuit and Kulgera Street on the east side of Hawker Primary School is currently set lower than the surrounding area, especially along its northern section, and this results in it frequently being covered in mud, dirt, leaves, and sticks, making it difficult to use; if so, what steps will the Government take to resolve it.
(2) Is the Government aware that partway down this path, staggered log barriers have been placed to prevent use by motor vehicles, but the opening in these is too narrow for many prams; if so, what steps will the Government take to resolve it.
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(3) Given that when this concrete path enters Kulgera Street it is blocked in part by telecommunications hardware and as a consequence users have formed an informal path by walking along the fence line instead, what policy does the Government have on changing a footpath’s alignment to match where people are actually walking, and does the Government have any plans to upgrade this informal pathway.
(4) Given that during school drop-offs and pick-ups, many cars in Alroy Circuit and Kulgera Street park on the footpath, forcing schoolchildren to walk in the street, has the Government ever considered constructing a dedicated pick-up/drop-off site in Alroy Circuit; if not, will the Government do so now.
Mr Steel: The answer to the member’s question is as follows:
(1) The footpath has recently been cleaned and will continue to be monitored and cleaned as required.
(2) I have asked Transport Canberra and City Services to investigate the log barriers at this location to determine if alterations are warranted.
(3) The Government’s policy is that streets in school environments such as Kulgera Street will put people first by prioritising pedestrian and cyclist safety and will be designed with the specific needs of children and parents in mind. This includes making footpath improvements where required. The request to construct an alternative path alignment along the fence line has been considered as viable and this connection will be placed on the community path priority list.
(4) Carparking facilities for the school are provided off Erldunda Circuit and Kulgera Street. Alroy Circuit and Kulgera Street are access streets and are designed primarily for residential traffic. Parents are welcome to use these streets for dropping off and collecting children, however they need to park legally on the road and leave the footpaths free for pedestrian access. TCCS will monitor parking behaviors in the area and request increased enforcement as required.
Lake Ginninderra—shared paths (Question No 3252)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 31 July 2020:
(1) Given that where Ginninderra Drive crosses the dam wall that impounds Lake Ginninderra, there is a shared path on the south side of the road that is separated from vehicular traffic by a safety railing. In addition, the bridge where Ginninderra Drive crosses the lake has shared paths on both sides on the road. The northern one is separated from vehicular traffic by a safety railing, but the southern one is not, for what reason/s are the first two shared paths separated from vehicle traffic by safety railing.
(2) For what reason/s is the southern shared path on the Ginninderra Drive bridge not separated from vehicular traffic by safety railing.
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(3) Has the situation that the southern shared path repeatedly narrows to one lane because of the intrusion of streetlights influenced the decision to not provide this path with a safety railing; if so, how.
(4) Does the Government have any future plans to install safety railing to separate this shared path from vehicular traffic; if so, when will this happen.
(5) Does the Government have any data regarding the usage of this shared path; if so, what is this data.
(6) How many accidents have involved users of this shared path (cyclists or pedestrians) in each of the past five years.
(7) How many traffic accidents have occurred on the bridge over Lake Ginninderra in each of the past five years.
Mr Steel: The answer to the member’s question is as follows:
(1) Two bridges span the Ginninderra Creek at the dam wall that impounds Lake Ginninderra. These bridges were constructed several years apart in 1976 and 1981. The older of the bridges is on the southern side (nearest the lake) and does not have a safety fence between the carriageway and the footpath. It is assumed that the reasons for this bridge not having a safety fence likely relate to design standards / design guidance at the time.
(2) Please see answer (1).
(3) No.
(4) Not at this time.
(5) No.
(6) Based on the last 5 years (2015 – 2019), there was no reported crashes involving cyclists/pedestrians on this shared path.
(7) Based on the last 5 years (2015 – 2019), there was one reported crash on the bridge.
Roads—William Slim Drive (Question No 3253)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 31 July 2020:
(1) In relation to the William Slim Drive duplication, when is planning expected to be complete and what is the anticipated date for commencement of works.
(2) What measures will the Government take to address the foreseen issues for the duplication of this road of (a) noise interference from roadworks for nearby residents, particularly those who reside on the east side of McKellar and (b) traffic noise and pollution as well as general traffic management.
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Mr Steel: The answer to the member’s question is as follows:
(1) Planning Approvals (Development Approval) for the project have been received. Tenders for the construction of the first stage of the William Slim Drive Duplication were advertised on 17 August 2020 with construction expected to commence late October 2020.
(2) The ACT Government has assigned a Principal Authorised Person (PAP) to oversee the construction works on behalf of the ACT Government. One of the responsibilities of the PAP will be to enforce the minimum construction staging requirements on the construction contractor. These minimum requirements are designed to reduce the impact of the construction works on the road users and local community. For example, the minimum number of lanes that need to remain open, particularly during peak periods, will be specified and enforced. This will help to alleviate queueing and the resultant traffic noise and pollution. An appreciable increase in air pollution from traffic during construction is not anticipated. The construction contractor will also be required to mitigate the pollution of the construction works including, but not limited to, dust suppression to mitigate air pollution and sediment and erosion control to prevent water pollution.
Transport Canberra—Fraser west bus terminus (Question No 3254)
Mrs Kikkert asked the Minister for Transport, upon notice, on 31 July 2020:
(1) Given that Transport Canberra has recently extended overflow parking at the Fraser West Bus Terminus to accommodate increased bus movements, what other sites in West Belconnen were considered before the site in Fraser was selected.
(2) Were any sites in Dunlop considered.
(3) What criteria were used to determine the best place in West Belconnen to increase bus parking.
(4) What specific changes to the bus network have resulted in “increased bus movements”.
(5) Why must these buses be parked in residential areas instead of at the Belconnen Bus Depot.
(6) Given the answer to question on Notice No 3188, indicated that improvements to the Fraser West Bus Terminus would “allow for the removal and remediation of the site when the current capacity requirements are reduced”, does the Minister now know when these capacity requirements might be reduced.
(7) What changes to the bus network would contribute to the removal of the extended parking at the Fraser West Bus Terminus.
Mr Steel: The answer to the member’s question is as follows:
(1) Transport Canberra has not formally considered other sites in West Belconnen at this time. The measures outlined have been undertaken to support the existing network without impacting service levels for the community.
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(2) No alternative sites have been formally considered at this stage.
(3) Fraser West was an existing facility that has been utilised to accommodate a growth in bus services for the region. No specific criteria was used to determine its continued use in a greater capacity.
(4) Network 19 introduced higher frequency services to West Belconnen in April 2019, including the Rapid 2, to meet high levels of demand from the area.
(5) Efficient network design requires that terminus be available in locations where services start and commence, allowing drivers to access facilities as part of their shifts. The Fraser West terminus is established and has been used for these purposes as part of the Canberra bus network since the late 1970s.
(6) Any changes can be delivered when an additional site and network design are identified and delivered, however there is no date for this to be completed.
(7) Bus numbers can be reduced at this location through either a reduction in service levels, or the identification and delivery of an additional site, either or both options may require material changes to bus routes. Reducing service levels would negatively impact the broader community and is not preferred, therefore Transport Canberra are progressing with identifying an additional site in the near future and adding this to the network.
Transport Canberra—disability access (Question No 3255)
Mrs Kikkert asked the Minister for Transport, upon notice, on 31 July 2020:
(1) How many buses has the ACT Government purchased in the past year for the purposes of transporting students with disabilities.
(2) How many of these new buses have rear loading only.
(3) Does the ACT Government have any plans to phase out the older buses that have side loading.
(4) After all new buses have been purchased, how many buses in total will be side loading and how many will be rear loading only.
(5) Will any rear loading buses also be equipped with side loaders.
Mr Steel: The answer to the member’s question is as follows:
(1) The ACT Government has not purchased buses for the purpose of transporting students with disabilities. The ACT Government has leased 11 replacement vehicles in the past year.
(2) All of the new leased buses will have rear loading only.
(3) No.
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(4) When all vehicles have been replaced by new leased vehicles there will be two low floor easy access Hino Poncho buses (with side wheelchair access), four Mitsubishi Rosa buses with side wheelchair loaders, and 13 Mitsubishi Rosa buses with rear wheelchair loaders.
(5) No, buses will have both side and rear wheelchair loaders installed.
Suburban Land Agency—sales (Question No 3256)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 31 July 2020:
(1) Does the Suburban Land Authority (SLA) contract real estate agents to sell residential land lots.
(2) Is the SLA aware of any instances, excluding the Put and Call Option program, where a real estate agent selling SLA residential land has created the impression to a prospective buyer that the land that appears to be for sale is actually on hold for a builder to try and force the prospective buyer to use the builder in exchange for the real estate agent receiving a kickback from the builder.
(3) Has the SLA received any complaints about this practice.
(4) Does the SLA permit this practice.
(5) What monitoring or processes does the SLA have in place to prevent this practice occurring.
(6) What action has the SLA taken against real estate agents involved in this practice.
Ms Berry: The answer to the member’s question is as follows:
(1) Yes.
(2) No.
(3) No.
(4) No.
(5) The Territory outlines the services required of the agent in the relevant Services Panel Deed. The Deed includes provisions applying to the agent covering Ownership and Use of Territory Material; Supplier’s Personnel; Non-disclosure of Territory Information; Notifying the Territory about Conflicts of Interest; and Conduct under the Deed.
(6) N/A. See response to questions (2) and (3).
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ACT Health and Canberra Health Services—asset management (Question No 3257)
Mr Coe asked the Minister for Health, upon notice, on 31 July 2020:
(1) Can the Minister provide a copy of the current Strategic Asset Management Plan, including both Campus and Off-Campus documents, for ACT Health and Canberra Health Services.
(2) Can the Minister provide a copy of the current Upgrade and Maintain ACT Health Assets Stage 2 Business Case, for ACT Health and Canberra Health Services.
Ms Stephen-Smith: The answer to the member’s question is as follows:
(1) I am advised by Canberra Health Services that the public release of the current Strategic Asset Management Plan including both Campus and Off-Campus documents is currently being considered under provisions of the Freedom of Information Act 2016.
(2) I am advised by Canberra Health Services that the public release of a copy of the Upgrading and Maintaining ACT Health Assets Stage 2 Business Case is currently being considered under the provisions of the Freedom of Information Act 2016.
Clubs—university research (Question No 3258)
Mr Parton asked the Minister for Business and Regulatory Services, upon notice, on 14 August 2020:
Is the Minister aware of the Australian National University (ANU) being commissioned, in 2017 or 2018, to undertake research on the operating environment of clubs in Western Australia; if so, is the Minister aware (a) if the ANU was required, as part of this commission, to produce a scoping paper detailing the historical and economic context of clubs across the state and summarise Western Australia club revenue and profitability, (b) of what deliverables the ANU produced in relation to this commission, (c) if the results of this commission been released publicly; if so, where.
Mr Ramsay: The answer to the member’s question is as follows:
(a) On 21 May 2018, the ACT Gambling and Racing Commission (the Commission) requested that the Centre for Gambling Research at the ANU conduct a review of the regulatory environment in which community clubs operate in Western Australia.
(b) A report titled ‘Review of Western Australian clubs’ operating environment’ was presented to the Commission in June 2018.
(c) The review was requested by the Commission in order to provide a point of comparison to the ACT policy context and was provided for information to assist in
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the Government’s considerations of the gaming machine reduction strategy. As the report was intended for the Government’s information only it was not released publicly.
Housing ACT—information technology projects (Question No 3259)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 14 August 2020:
In relation to Housing ACT, can the Minister provide details of any current information technology, data management or information system projects underway including (a) supplier name, (b) project description, (c) total estimated project cost, (d) total budgeted project cost and (e) software or system being implemented.
Ms Berry: The answer to the member’s question is as follows:
There are currently 2 ICT projects being delivered to Housing ACT;
1. Choice Based Letting
a. Salesforce and Vlocity Inc. b. Choice Based Letting; A Housing ACT Client Portal with a digital application form and ability for clients to view available properties and express their interest in properties that suit both their needs and wants. c. $1,425,513. d. $1,425,513 which is comprised of a $668k Commonwealth Grant Funding and $757,513 from Housing ACT budget. e. Vlocity Social Housing Solution as an add-on to Vlocity Government and Not-for- Profit package being delivered in the ACT Government Salesforce / Digital Account platform.
2. Homenet Upgrade
a. Northgate Public Services. b. Homenet Upgrade; The facilitation of an upgrade to Housing ACT core property and tenancy management system. c. $163,287.25. d. $100,967.25. e. Facilitating the Northgate product upgrade from v6.10 to 6.19.0.1
Suburban Land Agency—sales agents (Question No 3260)
Mr Parton asked the Minister for Housing and Suburban Development, upon notice, on 14 August 2020:
(1) Did Housing ACT recently complete a tender for a panel of Disposal Sales agents.
(2) What number of agents (a) are on the new panel and (b) were on the previous panel.
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(3) How many agents are on the new panel that were on the previous panel.
(4) Does the new panel arrangement require panel agents to compete for any allocation of work; if so, is this a new arrangement.
(5) What was the business case for the new panel arrangement.
(6) What additional resourcing provisions in terms of full-time equivalent and funding have been made for this new arrangement.
(7) Are average commissions payable higher or lower in the new panel compared to the old panel.
(8) If compensation arrangements are not all percentage commissions, can the Minister provide an equivalent percentage commission based on a hypothetical $700 000 sale.
(9) Did any respondents to the tender indicate exclusive use of the real estate website, Zango; if so, (a) was the viability of Zango tested as part of the tender assessment, (b) what metrics were used to assess the viability of Zango and (c) did the metrics used include website visits compared to other competitors including allhomes.com.au and realestate.com.au.
(10) Were any of the respondents to the tender, who indicated exclusive use of Zango, selected for the new panel.
Ms Berry: The answer to the member’s question is as follows:
1. Yes - the Territory, represented by the Community Services Directorate, Housing ACT undertook a procurement for a Panel of Real Estate Agents to provide real estate services within the Australian Capital Territory on behalf of Housing ACT and other Territory entities.
2. a. There are 16 real estate agencies on the new panel. b. There were 6 real estate agencies on the previous panel.
3. Four of the real estate agencies from the previous panel are on the new panel. One agency from the old panel did not submit a tender, however other companies under the same franchise are on the new panel. One agency tendered and was unsuccessful.
4. Work is allocated through a Request for Quotation and a draft Work Order outlining the services sought to one or more panel members. Agent/s have provided their commission percentage of the sales price and three marketing tiers. When invited to respond to a particular property, the Agent/s nominate the most appropriate marketing campaign as well as the recommended sales price for the property.
5. The business case was the ACT Housing Strategy, Growing and Renewing Public Housing 2019-24. The procurement process was endorsed by the Government Procurement Board.
6. Existing staff within the Procurement and Governance, Sales and Acquisition Team will continue to manage the panel arrangements.
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7. Average commissions are lower than the old panel arrangement. The old panel had a flat 2% of Sales Price as commission. The new panel ranges from 1% - 2.20%.
8. Refer to item 7.
9. No, all agents on the new panel, provided a wide range of marketing strategies for each marketing tier with set costs. No one agent provided exclusive use of the real estate website, Zango. a. n/a b. n/a c. n/a
10. N/A
Planning—Ginninderry (Question No 3261)
Mrs Kikkert asked the Minister for Housing and Suburban Development, upon notice, on 14 August 2020:
Given the Minister advised on 22 July 2020 (question on notice No 3055), in relation to the Ginninderry development on Parkwood Road, that environmental testing is currently underway for this location which will determine the nature of the development that will take place, when is testing expected to be completed and results made available.
Ms Berry: The answer to the member’s question is as follows:
Environmental testing will continue to be conducted on the West Belconnen Landfill for a minimum of a further 12 months. The timeframe is reliant on the environmental auditor’s agreement that the testing results provide an accurate view of seasonal weather conditions.
There are two sets of environmental testing currently being undertaken that relate to the West Belconnen Landfill:
• Transport Canberra and City Services are conducting environmental testing in relation to its work on the closure and capping of the West Belconnen Landfill. This phase of environmental testing is expected to be complete in 2020, depending on whether the results suggest further testing is required.
• The Ginninderry Joint Venture is conducting further environmental testing to provide evidence in its application for a reduction the Environmental Clearance Zone that surrounds the landfill. The testing is also designed to assist in the determination of what areas of the landfill might be suitable for a higher land use. This phase of environmental testing is expected to be completed in late 2021, depending on whether the results suggest further testing is required.
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Page—works (Question No 3264)
Mrs Kikkert asked the Minister for City Services, upon notice, on 14 August 2020:
(1) What is the nature and purpose of the work site set up recently by Cord Civil Ltd at the Birrell Street playground area in Page.
(2) How long will this work site remain at this location, and have nearby residents been notified of works, duration, possible noise and pollution disturbances.
(3) Will Cord Civil Ltd be rehabilitating the greenspace currently occupied and affected by the work site after works have been completed.
Mr Steel: The answer to the member’s question is as follows:
(1) The Stormwater Improvements Page project is being implemented by the ACT Government to increase the capacity of Canberra’s stormwater network and reduce the risk of future flooding from future extreme rainfall events. Cord Civil Ltd has been engaged to undertake these works.
(2) The works are expected to take approximately six months with a forecast completion date of February 2021. A letterbox drop was undertaken on Tuesday 28 July 2020 to inform residents of Page that may be impacted by the works and to inform the community of the upcoming works, potential impacts and estimated period of construction. Secondary notifications will be delivered to residents directly impacted by any road closures in the lead up to these works. Cord Civil Ltd will also contact impacted residents prior to work commencing to discuss changed traffic conditions and alternate property access that may be required. Measures have been put in place to ensure that works are undertaken in a manner and at a time that minimises any noise and pollution disturbances to those impacted by these works.
(3) The construction contract with Cord Civil includes the requirement to reinstate the site to match existing site conditions prior to works commencing. This applies to the site compound area and any area of impact from the works.
Roads—maintenance (Question No 3266)
Mrs Kikkert asked the Minister for Roads and Active Travel, upon notice, on 14 August 2020:
(1) In relation to road maintenance and the appearance of many new potholes in Belconnen, the 2015–16 Territory and Municipal Services Directorate annual report notes a “backlog of resurfacing works throughout the territory” and included that meeting annual targets was merely “maintaining the backlog” (p 21) and in 2017 the Auditor-General reported that “this backlog amounts to approximately two million square meters of road pavement needing maintenance (equivalent to 9.0 percentage of the total road pavement” and added that “reducing this backlog will likely take years” (pp 1–2), what percentage of the road maintenance backlog identified by the Auditor- General in 2017 remains.
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(2) What percentage of this backlog is located within the Ginninderra Electorate.
(3) What is the total area in square meters of roads and streets in the Ginninderra Electorate and of these, how many have been resurfaced in the past (a) five and (b) ten years.
(4) What has caused the sudden emergence of new potholes following the rain event of 7-9 August 2020, when many dozens, possibly hundreds, of new potholes opened up in streets in the Belconnen Area, and new ones are still appearing as of today, 13 August 2020.
(5) As residents normally report potholes that need repairing, in the case referred to above, has the ACT Government taken any specific steps to inventory the great many new potholes that have appeared in the Belconnen area; if so, what steps have been taken; if not, why not.
(6) What is the timeframe for repairing these new potholes.
Mr Steel: The answer to the member’s question is as follows:
(1) Roads ACT does not keep a register of road sections identified for, and awaiting reseal, from one year to the next. Rather, the entire network is reanalysed each year, based on condition data collected on a three-year cycle, to identify an optimal program of resealing work for the following year.
This program aims to treat an average of 4% by area across the total municipal road network and 5% of the territorial road network each year. The Auditor General report findings were based on resurfacing rate statistics from periods previous to the audit.
Resurfacing rates since 2017 are detailed below.
Financial Year Resurfacing Rate Territorial Municipal 2017-18 5% 4% 2018-19 5.25% 3.96% 2019-20 5.1% 4%
(2) See (1) above.
(3) There is currently 5,924,444 square metres of road in the Ginninderra electorate and of these: • Approximately 1,142,400 metres square of road has been resurfaced in the last five years; and • Approximately 1,657,346 metres square of road has been resurfaced in the last ten years.
(4) Rain events that saturate the ground surface result in cracking and potholes in roads.
(5) Given the recent rain events, Roads ACT allocated additional resources to repairs potholes. Crews responding to pothole repairs were doubled during normal business hours. An additional crew was dedicated to the inspection and identification of potholes as well as responding to Fix-My-Street reports. Additionally, 24/7 call out crews focused on repairing dangerous potholes after business hours.
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(6) Roads ACT has responded to hundreds of potholes around the ACT and is working hard to repair remaining potholes. As at 19 August 2020, the repairs completed have used 8 tonnes of cold-mix asphalt. The likelihood of further potholes in the road network is high given the recent rain events. Roads ACT will continue to allocate additional resources to repair potholes until the requirement for repairs returns to normal levels.
Transport Canberra––Ginninderry shuttle bus (Question No 3267)
Mrs Kikkert asked the Minister for Transport, upon notice, on 14 August 2020:
(1) What date did the free bus service trial commence operation in Ginninderry, connecting Strathnairn residents to Kippax Bus Station, Kingsford Smith School and Macgregor Primary School.
(2) When will the free trial end.
(3) Will the bus service continue operation with fares applying when the free trial service ends.
(4) What has been the results of the service from the time it commenced to the date this question was published.
(5) How many passengers, on average, board a Ginninderry shuttle bus each day.
(6) How often do Ginninderry shuttle buses see no passengers for the duration of a single trip to or from Ginninderry.
(7) What is the total and breakdown costs (including start up and ongoing operational costs) for the implementation of this free bus service trial.
Mr Steel: The answer to the member’s question is as follows:
(1) 2 March 2020.
(2) There is no definitive date for the free trial to end. The service will remain free until Transport Canberra makes changes to the service, requiring the use of a standard bus on this route. This will be done when there is sufficient population living in the area utilising this service.
(3) Yes.
(4) Patronage data for route 903 is available for the period from 13 April 2020. Between 13 April 2020 and 20 August 2020, Transport Canberra recorded 1,753 boardings on route 903.
(5) On average, since the commencement of the Network 19 update on 18 July 2020, Transport Canberra has recorded 26.64 boardings per day on route 903.
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(6) As route 903 is a loop service, each vehicle trip runs from Kippax Interchange to Kippax Interchange via Strathnairn (except certain services that begin or end at Macgregor Primary School).
On average, since the commencement of the Network 19 update on 18 July 2020, of the 37 weekday trips, there were no boardings recorded on 23.8 trips. Of the 24 trips each weekend day, there were on average, 16.6 trips with no boardings.
(7) The breakdown costs are as follows: • Bus purchase (purchased by developer) = $526,411.74 • Initial fit out, wrap and ticketing equipment (one off) = $16,453.80 • Driver wages (yearly) = $500,480 • Fuel (yearly) = $44,623.85 • Maintenance (yearly) = $8,442.35 • Admin/Insurance (yearly) = $20,000 • Total = $1,116,411.74 (Developer’s contribution was a one off payment of $526,411.74. Transport Canberra and City Services annual contribution is $590,000.)
Transport Canberra—MyWay card (Question No 3268)
Mrs Kikkert asked the Minister for Transport, upon notice, on 14 August 2020:
(1) How many MyWay ticket vending machines are installed at the town centres of (a) Tuggeranong, (b) Woden, (c) Civic, (d) Belconnen and (e) Gungahlin and what was the cost for each installation.
(2) What is the total and breakdown of costs for maintenance of one ticket vending machine.
Mr Steel: The answer to the member’s question is as follows:
(1) The number of MyWay ticket vending machines installed at town centres is as follows: a) Tuggeranong – one; b) Woden – one; c) Civic – three (including two at the Alinga Street Light Rail stop); d) Belconnen – one; and e) Gungahlin – two (including one at the Gungahlin Place Light Rail stop).
The cost of installation for each ticketing vending machine was between $85,681 and $90,681, depending on the nature of individual requirements at each location. These costs cannot be accurately disaggregated for each individual unit, due to the way these assets have been procured.
(2) The ongoing annual cost of maintenance of these eight ticket vending machines is $131,280.31. This cost cannot be accurately disaggregated for each individual unit, due to the way this service has been procured.
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Equestrian industry—employment (Question No 3272)
Ms Le Couteur asked the Attorney-General, upon notice, on 14 August 2020 (redirected to the Minister for Business and Regulatory Services):
(1) In relation to employment figures at horse-racing venues and for equestrian events, does the Government collect statistics about the number of people employed at Thoroughbred Park; if so, how many people are employed (a) at Thoroughbred Park each year on an ongoing basis and (b) as casuals for events on-site in a year.
(2) Does the Government collect statistics about the number of people employed at the Canberra Harness Racing Club site; if so, how many people are employed (a) at Canberra Harness Racing Club each year on an ongoing basis and (b) as casuals for events on-site in a year.
(3) Does the Government collect statistics about the number of people employed at EPIC, in relation to running and maintaining infrastructure for equestrian events; if so, how many people are employed (a) at EPIC each year in relation to equestrian-related events on an ongoing basis and (b) as casuals for equestrian-related events on-site in a year.
Mr Ramsay: The answer to the member’s question is as follows:
1. This information is not collected
2. This information is not collected
3. This information is not collected
Equestrian industry—events (Question No 3273)
Ms Le Couteur asked the Attorney-General, upon notice, on 14 August 2020:
(1) In relation to horse-racing venues and equestrian events in the ACT, does the Government collect statistics about the number of equestrian events at and users of Thoroughbred Park; if so, how many (a) racing events are held at Thoroughbred Park each year and (b) people attend these events on average.
(2) Does the Government collect statistics about the number of events at and users of the Canberra Harness Racing Club site; if so, how many (a) racing events are held at there each year and (b) people attend these events on average.
(3) Does the Government collect statistics about the number of equestrian events at EPIC; if so, how many (a) equestrian events are held at EPIC each year and (b) people attend these events on average.
Mr Ramsay: The answer to the member’s question is as follows:
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1. It is a requirement of the Race and Sports Bookmakers Act 2001 that Thoroughbred Park provide a list of all Race Bookmakers that attend each race meeting to the ACT Gambling and Racing Commission. From the submissions received we can advise that:
(a) Between 1 July 2018 and 30 June 2019 there were 25 race meetings held at Thoroughbred Park.
Between 1 July 2019 and 30 June 2020 there were 23 race meetings held at Thoroughbred Park.
(b) This information is not collected by Access Canberra
2. It is a requirement under the Race and Sports Bookmakers Act 2001 that the Canberra Harness Racing Club provide a list of all Race Bookmakers that attend each race meeting to the ACT Gambling and Racing Commission. From the submissions received we can advise that:
(a) Between 1 July 2019 and 30 June 2020 there were 8 meetings held at EPIC.
Between 1 July 2020 and 30 June 2021 there are 17 meetings scheduled.
(b)This information is not collected by Access Canberra
3. Access Canberra does not collect any information in relation to equestrian events held at EPIC or any venue.
Animals—dangerous dogs (Question No 3274)
Ms Le Couteur asked the Minister for City Services, upon notice, on 14 August 2020:
(1) How many dog attacks have been reported in the past three years.
(2) Is the Government aware of an increase in reporting of dog attacks.
(3) Has there been an increase in severe dog attacks over the past three years.
(4) Have there been any recent changes in government education about dog attack reporting.
Mr Steel: The answer to the member’s question is as follows:
(1) In the past three years, the following dog attack/harass incidents have been reported to Domestic Animal Services: • 2018 – 795 reported incidents; • 2019 – 817 reported incidents; and • 2020 (to 31 July) – 387 reported incidents.
(2) No.
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(3) No, the number dog attacks that were reported and classed as severe have remained consistent over the last three years.
(4) In 2019, the ‘Own the dog, own the responsibility’ campaign was released to educate the community of their responsibilities as dog owners. The Transport Canberra and City Services website provides clear information of what to do and how to report a dog attack. Domestic Animal Services rangers along with the Compliance Targeting Team rangers continue to perform proactive patrols aiming to educate dog owners about their responsibilities in regard to dog ownership in the ACT.
Animals—breeders (Question No 3275)
Ms Le Couteur asked the Minister for City Services, upon notice, on 14 August 2020:
(1) What enforcement of puppy and kitten breeding regulations is undertaken in the ACT.
(2) How many illegal breeders have been identified in the ACT.
(3) How many of these are for (a) dogs and (b) cats.
(4) What action has been taken in relation to these illegal activities.
(5) By what means are these illegal breeders being identified.
(6) What education programs are being undertaken by the Government in relation to the puppy and kitten breeding regulations.
Mr Steel: The answer to the member’s question is as follows:
(1) The ACT currently has mandatory de-sexing laws under the Domestic Animals Act 2000. The enforcement of illegal breeding is a combination of reactive compliance from information supplied by members of the public and proactive work, including monitoring social media for the sale of puppies and kittens. Domestic Animal Services (DAS) also regulates illegal breeding by issuing non-compliance =notices to owners that have sexually entire animals without a permit.
(2) In the period 1 January to 31 July 2020, DAS has investigated 11 cases of illegal breeding in the ACT.
(3) Of these investigations, five related to cats and six were related to dogs.
(4) DAS undertakes an engage, educate, enforce approach to compliance matters. Most illegal breeding investigations result in DAS Rangers educating members of the community in relation to the need to have sexually entire permits and a breeder’s license and the issuing of non-compliance notices.
However, in some instances infringement notices have been issued and one matter proceeded to the ACT Civil and Administrative Tribunal, as the decision of the Deputy Register was challenged by the person in question.
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(5) Illegal breeders are identified by direct reports from the public and during the course of Domestic Animal Services’ routine work, including daily patrols to enforce the compliance of dog and cat owners across the ACT.
In August 2020 the Justice Legislation Amendment Bill was passed by the Assembly, this included an amendment to the Domestic Animals Act 2000 that addresses the sale of cats and dogs and intends to target online sales. The amendment builds on the existing requirement for breeders to include their breeder licence number in advertisements and requires that, if the person does not have a breeder licence, they include their rehoming identifier and microchip number. A rehoming identifier can be the ABN of a rehoming organisation or their name.
(6) The ‘Own the dog, own the responsibility’ campaign focuses on compliance which includes mandatory de-sexing of dogs and cats. Potential breeders must obtain permits issued by DAS prior to breeding or can face a fine of up to $8,000 for illegal breeding.
Municipal services—public toilets (Question No 3276)
Ms Le Couteur asked the Minister for City Services, upon notice, on 14 August 2020:
(1) In relation to public toilet availability to the general public, which local shops have public toilets.
(2) Which of those toilets referred to in part (1) are open to the public daily.
(3) Which sports grounds have public toilets.
(4) Which of those toilets referred to in part (3), (a) are open to the public daily and (b) have restricted access arrangements, and when are they available.
(5) Which playgrounds and/or parks have public toilets open to the public daily.
Mr Steel: The answer to the member’s question is as follows:
(1) Public toilets managed by Transport Canberra and City Services (TCCS):
Region Location of toilets Belconnen Region Charnwood Shops Hawker Shops Cook Shops Scullin Shops Kippax Fair Shopping Centre Gungahlin Region Gungahlin Town Centre Mitchell Business District Inner North Region Ainslie Shops Campbell Shops
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Dickson Shops Lyneham Shops O’Connor Shops Inner South Region Deakin Shops Griffith Shops Narrabundah Shops Yarralumla Shops Woden Weston Region Chifley Shops Hughes Shops Mawson Shops Phillip Business District - Colbee Court Tuggeranong Region Chisholm Shops Kambah Village Shops
(2) All public toilets managed by TCCS are open daily between 7am- 10pm between October and March and 7am -8pm between April and September. Closing times may vary slightly to accommodate service provider schedules.
(3) No sportsgrounds have public toilets; however, some sportsgrounds have toilets in the pavilions or as separate blocks that are open to hirers (sporting groups) and their spectators when the ovals have been hired.
(4) See response to Question 3.
(5) Playgrounds and/or parks managed by TCCS with public toilets open to the public daily:
Region Suburb Location of Toilet Belconnen Region Belconnen Lake Ginninderra Western Foreshore Belconnen Belconnen Skate Park Belconnen Lake Ginninderra - Diddams Close West Belconnen Lake Ginninderra - Diddams Close - East Belconnen John Knight Memorial Park Gungahlin Region Gungahlin Yerrabi District Park Forde Heritage Park - Ray Ellis Crescent Hall Hall Park - Gladstone Street Majura Hughie Edwards Rest Area Bonner Bonner Neighbourhood Oval - Burnum Burnum Close Crace Crace CRIP - Narden Street Franklin Franklin CRIP - Narden Street Moncrieff Moncrieff CRIP - Bon Scott Crescent
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Inner North Region Braddon Haig Park - Girrahween Street Acton Black Mountain Peninsula Park Playground - Garry Owen Drive Acton Black Mountain Peninsula - Garry Owen Drive Acton Acton District Park - Acton Ferry Terminal City Glebe Park - Akuna Street Campbell Molonglo Reach - Morshead Drive Inner South Region Yarralumla Weston Park - Prescott Lane Yarralumla Weston Park - Weston Park Road Yarralumla Alexandrina Drive Yarralumla Yarralumla Bay Park - Alexandrina Drive Yarralumla Lennox Gardens - Flynn Drive Barton Telopea Park Barton Bowen Park - Bowen Drive Fyshwick Maryborough Street Fyshwick Molonglo Reach - Water Ski area Oakes Estate River Street Red Hill Red Hill Lookout Woden Weston Phillip Edison Park - Launceston Street Region Phillip Woden Town Centre - Bowes Street Phillip Justinian Street Tuggeranong Region Kambah Kambah Wool Shed - Springbett Street Kambah Kambah Adventure Playground - Springbett Street Greenway Tuggeranong Town Park - Bartlet Place Greenway Tuggeranong District Park - Mortimer Lewis Drive Fadden Fadden Pines District Park - Bugden Avenue Gordon Point Hut District Park- McGilvray Close
Environment—ACT climate strategy (Question No 3277)
Ms Le Couteur asked the Minister for Climate Change and Sustainability, upon notice, on 14 August 2020:
In relation to the ACT Climate Strategy 2019–25 section called “Action to 2025” that includes a series of goals from 1A to 9C, most with sub goals, for each goal and sub goal, can the Minister list the (a) name or other identifying information, (b) status such as started, completed, expected to be completed date and, if possible, a brief description of the outcomes and activities to date and (c) cost to date and expected total cost.
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Mr Rattenbury: The answer to the member’s question is as follows:
The 2019-2025 Climate Change Strategy consists of 10 goals and 34 sub-goals which are labelled from 1A to 10A. Actions are aligned to each sub-goal to support the achievement of the goals and overall emissions reduction target by 2025. For the purpose of answering this question and avoiding repetition, the below table summarises the response to the questions asked.
Climate Change Action to 2025
1 COMMUNITY LEADERSHIP (UNDERWAY) The Community Zero Emission Grants program was expanded to support projects that offer replicable solutions to reducing ACT greenhouse gas emissions. Round 3 of the grants provided funding for seven winning projects. The winners can be found here https://www.environment.act.gov.au/cc/be-part-of-the- solution/community-zero-emissions-grants.
A dedicated Community Leadership team has been established in the Environment, Planning and Sustainable Development Directorate. The team is developing tools and resources to support and enable community action on climate change.
The ACT Climate Change Council completed a report on community experiences in our recent summer bushfires.
2 JUST TRANSITION (UNDERWAY) The Community Leadership team are planning for a series of actions to engage with the community and are developing analysis to ascertain those stakeholders who may be most affected in a transition to a sustainable future. Advice will also be sought from the ACT Climate Change Council.
Government support for households has been expanded to include support for renters, recognising the special needs of this group.
3 TRANSPORT (UNDERWAY) The Actsmart Home, School and Business program has been extended to include travel choices and integrate with the work of the Active Travel Office.
A library of electric bicycles has been launched to provide community members with an opportunity to experience this form of transport. This initiative has proven to be very popular, and is already oversubscribed.
Analysis was undertaken to examine the considerations for the urban form and social and physical infrastructure requirements to support growth through the ACT Planning Strategy 2018.
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Planning for Light Rail Stage 2a and future Stage 2b is underway. The priorities are reflected in the ACT Transport Strategy 2020 and are incorporated into the changes to the Transport Canberra Bus Network which continues to be monitored for service improvements.
In addition to procuring a more modern and attractive fleet, Transport Canberra and City Services is also: − Delivering system improvements to enhance customer experience, including journey planning, new ticketing system and improved passenger information displays. − Investing in the active travel network, improving network connections.
Transport Canberra and City Services published the Active Travel Practitioners Tool which is updated on a continuous basis. This tool embodies the Active Travel Strategic Plan objectives. Transport Canberra and City Services will review the Active Travel Framework (Building an Integrated Transport Network) and will continue developing new walking and cycling plans.
From 20 December 2019, e-scooters and other similar devices that meet the definition of personal mobility device can legally be used in the ACT on the bicycle side of a separated path and on bicycle paths.
4 ENERGY, BUILDINGS AND URBAN DEVELOPMENT (UNDERWAY) In 2019, the Climate Change and Greenhouse Gas Reduction Act 2010 was amended to legislate an ongoing 100% renewable electricity target post 2020. In 2019, the Energy Efficiency Improvement Scheme was extended to 2030 and the Priority Household Target increased from 20% to 30%.
The Territory Plan has been varied to allow new estates to be constructed without requiring natural gas connection.
From July 2019, all new tenders and construction for new public housing properties are all electric, using energy efficient heating for all properties and energy efficient hot water systems where possible.
The Suburban Land Agency has drafted technical specifications for the Whitlam Display Home to be an example of a zero emissions, high-efficiency and all-electric home.
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5. ACT GOVERNMENT LEADERSHIP (UNDERWAY) The latest climate projections continue to be used to assess bushfire risks and plans in the ACT. The Environment Planning and Sustainable Development Directorate and Health Directorate supported projects to learn from hazardous smoke conditions during summer 2019-20.
ACT Government staff can access free MyWay cards to use on public transport for work purposes and E-bikes can be salary sacrificed. Many ACT Government Directorates now have e- bike fleets for staff to use for business travel.
Engagement continues with national and international groups including the Cities Power Partnership, Global Covenant of Mayors, Carbon Disclosure Project and Under 2 Coalition.
Transport Canberra and City Services currently have a zero- emissions bus in operation. Transport Canberra and City Services have commenced development of a transition plan to a zero-emissions bus fleet by 2040 with the aid of an expert advisory group.
The ACT Government has installed 50 electric vehicle charging stations to assist with the fleet transition to zero emissions vehicles. 57% of new leases from 1 July 2019 have been zero emissions vehicles.
The ACT Government has now announced a third all-electric school and announced that the new Canberra Hospital extension will be an all-electric facility.
6. WASTE AVOIDANCE AND MANAGEMENT (UNDERWAY) As at 31 December 2019, 1006 sites were signed to the Actsmart Business program, consisting of ACT Government, Federal Government and private sector businesses. Of these, 708 sites are accredited.
The Actsmart Public Event program assisted 115 events to reduce waste generation and increase recycling between 1 July 2019 to 31 December 2019. Over 413,000 visitors attended these events.
The Actsmart Schools program provides schools with assistance and advice in five focus areas, including waste and recycling. 100% of ACT schools (public, private and independent) are signed to the program.
ACT NoWaste launched the Recycle Right Campaign in July 2019 in collaboration with the regional councils. The media campaign is running on social channels from November 2019 – February 2020.
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The team at ACT NoWaste continues to promote waste avoidance, re-use and recycling through the online Recyclopaedia tool and range of outreach activities. This includes the award-winning Recycling Discovery Hub, which was visited by 4,692 people in 2019.
ACT NoWaste has also undertaken targeted education activities for Multi-unit Dwellings in 2018 and 2019 and provides updated signage for Strata managers through its online portal.
7. LAND USE AND BIODIVERSITY (UNDERWAY) In partnership with Greening Australia and Molonglo Conservation Group, resilience in terrestrial habitats is being increased through the Protecting and Connecting Woodlands in the ACT project.
Ongoing community volunteer monitoring of our waterways and aquatic species is occurring which provides a better understanding of climate change impacts and enables early intervention if negatives health trends are found.
The Environment Planning and Sustainable Development Directorate is implementing the Better Land Management project that seeks to improve soil health, the Resilient Farms climate change adaptation program that aims to improve farmers ability to respond to and manage the effects of climate change.
8. INDUSTRY DEVELOPMENT AND INNOVATION (UNDERWAY) The Environment Planning and Sustainable Development Directorate is supporting the ACT cleantech industry to enable and accelerate the transition to a net zero emissions economy.
Activities include leveraging the $12 million Renewable Energy Innovation Fund to support innovative start-ups, the $25 million Next Gen battery uptake program, and refreshed industry development priorities through the Sustainable Energy Policy 2020-2025 that is currently being developed.
9. MONITORING, EVALUATION, REPORTING AND IMPROVEMENT (UNDERWAY) The Environment Planning and Sustainable Development Directorate and the Office of the Chief Digital Officer are collaborating to identify options to improve data capture, integration and sharing across Government.
Transport Canberra and City Services continues to collect public transport data (Light Rail and Buses) including performance data, travel patterns and patronage trends. This data is used to inform future network changes. Transport Canberra and City Services also collects data on active travel, such as the bike barometer and Strava data, which provides real-time cycling data and informs future planning.
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10. INCREASING AMBITION (BY 2024) Implementation of this action has not yet commenced.
The direct costs of the actions taken to date are difficult to calculate in many cases. This is because of the trial nature of many actions, the cross-directorate approaches being taken and the multi-year implementation approach. Each of these factors means that the Environment, Planning and Sustainable Development Directorate may not have full visibility over the costs incurred for each action at this point in time.
Specific funding for implementation of elements of the Climate Change Strategy and Living Infrastructure Plan were announced in budget statements as follows:
Initiative Budget Amount over Expenditure Announced 4 years to date (as of 30 June 2020) ($millions) ($millions) Climate Change Action to 2023 – Core Policy 2019-20 12.032 2.474 and Programs Community Liaison Officer (Strategy Action Mid Year 1.010 0.247 1.3) 2019-20 Implementation of the Zero Emissions Mid Year 1.638 0.419 Vehicle Action Plan 2019-20 Sustainable Energy Policy Mid Year 0.848 0.508 2019-20 Minimum Rental Standards Mid Year 0.442 0 2019-20
ACT Health—Women’s Health Service (Question No 3278)
Mrs Kikkert asked the Minister for Women, upon notice, on 21 August 2020 (redirected to the Minister for Health):
(1) Does ACT Health state that Women’s Health Service provides “short, medium and long-term counselling”; if so, is there a maximum time period for long-term counselling services and what is the time period.
(2) Does the ACT Government have plans to cap long-term counselling services to a period of two years in 2021; if so, what is the reasoning behind this decision; if not, will there be any other changes to long-term counselling services provided by Women’s Health Service?
(3) If there will be changes to long-term counselling services provided by Women’s Health Service, what alternative services are available to clients if they require counselling services for more than two years?
Ms Stephen-Smith: The answer to the member’s question is as follows:
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1. The Canberra Health Services Women’s Health Service (WHS) currently provides “short, medium and long-term counselling”. The period of counselling is based on individual therapeutic goals. There is no maximum time period for long-term counselling services.
2. The ACT Government has no plans to cap long-term counselling service to a period of two years, however we continue to monitor the WHS Counselling Service to ensure the service remains accessible and has the capacity to meet growing demand.
3. See response to question 2.
Infrastructure—Stromlo leisure park (Question No 3282)
Ms Le Couteur asked the Minister for Roads and Active Travel, upon notice, on 21 August 2020:
(1) Why have the roads to Stromlo leisure park been built without separated space for cyclists and pedestrians.
(2) Why is there no bus service to Stromlo Leisure park.
Mr Steel: The answer to the member’s question is as follows:
(1) A shared path has been provided to the east of the Stromlo Leisure Centre to provide access for cyclists and pedestrians to the recreation precinct and linking them with the wider active travel network along Uriarra Road and Dave McInnes Road.
(2) Changes to the bus network introduced in July 2020 included an adjustment to the Route 66 to travel via Opperman Avenue where bus stops will be installed to provide public transport access to Stromlo Leisure park. The design of the park includes bus zones at the front of the Centre so that it can be serviced by coaches for events, but also, by a local bus service in future networks.
Roads—upgrades (Question No 3283)
Ms Le Couteur asked the Minister for Roads and Active Travel, upon notice, on 21 August 2020:
(1) In relation to current and potential future road and intersection issues and upgrades identified in the draft Red Hill Integrated Plan (pages 41 and 42, also Map 14, page 43), has the Transport Canberra and City Services Directorate (TCCSD) undertaken any recent studies or investigations into Kent Street, with regard to road safety and/or potential future upgrades; if so, can the Minister provide relevant details.
(2) In relation to the intersection of Kent Street and Strickland Crescent, (a) does the TCCSD currently have capital upgrades to this intersection on its priority list; if so,
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what are the potential capital upgrades and what level of priority do they have and (b) has any feasibility or design work been undertaken for capital upgrades to this intersection; if so, (i) what stage of feasibility/design work has been completed and (ii) if a costing for the construction of the capital upgrades was developed, what was it
(3) In relation to the intersection of Kent Street and Carruthers Street, (a) does the TCCSD currently have capital upgrades to this intersection on its priority list; if so, what are the potential capital upgrades and what level of priority do they have and (b) has any feasibility or design work been undertaken for capital upgrades to this intersection; if so, (i) what stage of feasibility/design work has been completed and (ii) if a costing for the construction of the capital upgrades was developed, what was it.
(4) In relation to the intersection of Kent Street and Kitchener Street, (a) does the TCCSD currently have capital upgrades to this intersection on its priority list; if so, what are the potential capital upgrades and what level of priority do they have and (b) has any feasibility or design work been undertaken for capital upgrades to this intersection; if so, (i) what stage of feasibility/design work has been completed and (ii) if a costing for the construction of the capital upgrades was developed, what was it.
Mr Steel: The answer to the member’s question is as follows:
(1) TCCS has undertaken investigations into Kent Street related to pedestrian/cyclist’s safety. Work to improve path infrastructure, traffic signs and line markings have been undertaken in recent years.
(2) (a) TCCS does not have any immediate plans for capital upgrades of the intersection of Kent Street and Strickland Crescent. Recommendations for the upgrade of this intersection are related to the Draft Integrated Plan for the Red Hill Nature Reserve which has not been finalised. The latest intersection ranking report, with the last seven years of crash data has identified this intersection with a priority ranking of 117 (Kent Street (Strickland Crescent – Macartney Crescent)).
(b) No feasibility or design work has been undertaken for this intersection. i. N/A. ii. N/A.
(3) (a) TCCS does not have any immediate plans for capital upgrades of the intersection of Kent Street and Carruthers Street. Recommendations for the upgrade of this intersection are related to the Integrated Plan for the Red Hill Nature Reserve and surrounds which has not been finalised. The latest intersection ranking report, with the last seven years of crash data has identified this intersection with a priority ranking of 262 (Carruthers Street/Kent Street).
(b) No feasibility or design work has been undertaken for this intersection. i. N/A. ii. N/A.
Arts—COVID-19 (Question No 3290)
Ms Le Couteur asked the Minister for the Arts, Creative Industries and Cultural Events, upon notice, on 28 August 2020:
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(1) In relation to the Minister's Creative Council, when will the analysis of the survey undertaken by the Council about the impacts of COVID-19 on the arts be complete.
(2) What have been the main themes emerging from the survey.
(3) Will the Minister be publishing the results.
(4) How many jobs have been lost in arts and recreation in the ACT since the pandemic began in March 2020.
Mr Ramsay: The answer to the member’s question is as follows:
(1) The analysis for the survey undertaken by the Council about the impacts of COVID-19 on the arts is complete and has been published online in the form of a listening report: https://www.arts.act.gov.au/community-participation/Ministers-creative-council
(2) See online as above.
(3) See online as above.
(4) The most recent ACT specific data from the ABS about jobs lost in the Arts and Recreation Services as an industry subgroup (per ABS definitions) is from May 2020. This data indicates that in May 2020 there are 3,244 people employed in this subgroup compared with 5,279 in May 2019. This equates to 2,035 less jobs during this period, representing 38.6%. Data from the February 2020 quarter to May 2020 quarter shows a loss of 159 jobs or a loss of 4.7%.
Municipal services—landscaping (Question No 3292)
Mrs Kikkert asked the Minister for Planning and Land Management, upon notice, on 28 August 2020 (redirected to the Minister for City Services):
(1) As part of plans to landscape the Benjamin Way median strip, what investigations have been undertaken by the ACT Government in regards to underground pipelines.
(2) Will underground pipelines or other findings (can the Minister please describe) restrict the planting of trees on the median strip; if so, what alternative plans does the ACT Government have to beautify the median strip; if not, are there plans to plant trees along the median strip.
Mr Steel: The answer to the member’s question is as follows:
(1) The ACT Government has sourced service plans that show the location of utilities that run through the Benjamin Way median strips.
(2) Yes, the presence of underground utilities will restrict the planting of trees across the northern medians within Benjamin Way. The ACT Government is investigating reseeding of dryland grass and planting of shrubs and groundcovers through this space.
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Questions without notice taken on notice
Health—testing of quarantined travellers
Ms Stephen-Smith (in reply to a supplementary question by Ms Lee on Thursday, 2 July 2020):
All passengers have been compliant with their quarantine responsibilities and no individuals have left their hotel room other than to request assistance. These small number of individuals were provided the required assistance and reminded to not leave their room unless in the event of an emergency.
ACT Health—child sex offences
Mr Ramsay (in reply to a question and supplementary questions by Ms Lee and Mrs Dunne on Thursday, 30 July 2020):
Child abuse is unacceptable and ensuring the safety of children in our community is a high priority for the ACT Government.
The ACT Government is unwavering in its commitment to protect children from sexual offenders and to ensuring that perpetrators of such offences are held accountable. There can be no clearer demonstration of this than our response to the Royal Commission on Institutional Reponses to Child Sexual Abuse. Our response shows our strong, unambiguous commitment to protecting children, and righting wrongs. It demonstrates our intention to effect cultural change within organisations and the broader community, and to ensure the failures of the past are not permitted to continue. The response to the Royal Commission’s 85 criminal justice recommendations demonstrates our clear commitment to improving the ACT criminal justice system’s response to child sexual abuse, through both legislative and non- legislative reforms. This includes reforms which:
• strengthen requirements to report child sexual offending – with an offence for failing to report child sexual abuse (with no exceptions for information disclosed in confessions); • introduce new grooming offences; • create a new offence of failure by a person in authority, in a relevant institution, to protect a child from the risk that a sexual offence will be committed against the child; and • improve court and evidence procedures to better support victims to give evidence, including a new intermediary scheme.
In relation to Mr Burch’s matter specifically, as the Chief Minister previously advised the Assembly, his convictions were for Commonwealth criminal offences and he was prosecuted by the Commonwealth Director of Public Prosecutions, albeit in the ACT Supreme Court.
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I do not propose to comment on the sentencing decision of the ACT Supreme Court. Judicial independence is a vital part of our system of government. It ensures that the Court acts independently and without interference from the Parliament or the Executive.
I am aware, from the Court’s publicly available judgment, that Mr Burch’s wife operates a brothel in Fyshwick. Whether Mr Burch’s residence in that place is in accordance with his bail conditions is a matter for the Courts to determine.
Access Canberra—data security
Mr Ramsay (in reply to a question and supplementary questions by Ms Lawder and Mr Wall on Thursday, 30 July 2020):
Question 1:
Access Canberra continuously strives to streamline processes and enable customers to easily manage and renew their licences online in accordance with data privacy and data security requirements.
Driver licence renewal emails are only sent to clients who have opted into the email reminder service. These clients have chosen to create an account with an email address to receive timely reminders via electronic means.
To ensure Access Canberra is demonstrating good data privacy and security practice, action is being undertaken to have this detail removed to prevent any future privacy concerns.
Questions 2 and 3:
ACT Government continually reviews and seeks the latest advice to improve security. There are several measures currently underway as part of continually improving data security across government. These include: • Conducting of a whole of government Threat and Risk Assessment, which is a scan across the people, process and technology security and data risks, to identify these and make recommendations for improvement. • Finalising a whole of government Data Governance and Management Framework as the ACT Government’s guidebook for consistent best practice data governance and management. • User education and awareness programs to improve staff awareness of common security risks and what to do if a breach or attempted breach is encountered. “Friendly Phishing” is a program to improve staff awareness and response to social engineering and phishing attacks, which are among the most common attacks, and monitor effectiveness in managing these attacks over time.
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Access Canberra online transactions are protected using industry standard encryption, Transport Layer Security (TLS 1.2) protocol, which securely encrypts all data between citizens computing devices and the ACT Government servers. Additionally, all links to these services that are attempted over insecure protocols are automatically redirected to the encrypted secure Access Canberra portal.
Access Canberra also continues to move toward using identity-based services where customers will need to log into a secure account to complete their service or transaction. An example of this is the Infringement notice declaration service which is already within the ACT Digital account.
Trade unions—CFMMEU fines
Ms Orr (in reply to a question by Mr Wall on Thursday, 30 July 2020):
Appointments to ACT Government advisory bodies such as the Work Health and Safety Council and the Secure Local Jobs Code Advisory Council are governed by the legislation that establishes them, the Legislation Act 2001 and the governance adopted by each individual body.
In relation to the Work Health and Safety Council (WHS Council), established under the Work Health and Safety Act 2011 (WHS Act), this is an advisory council with bipartisan representation from employer and employee representatives. Members are appointed by the Minister after consultation with peak employer and employee representative bodies.
The ending of an appointment is also governed by the WHS Act. Members may resign from their positions on the Council. In addition, a number of grounds for termination exist in schedule 2, section 2.9 which clearly contemplate the ending of an appointment for a criminal conviction of offences punishable by imprisonment of 1 year or more and contraventions of territory laws where the contravention or conviction in question affects their suitability as a member, or for misbehaviour.
The Secure Local Jobs Code Advisory Council is established under the Government Procurement Act 2001. Appointments to the Council are made by the Minister after consultation with peak employee representative bodies and other members with the appropriate qualifications or experience to contribute to the Council’s functions. In contrast to the WHS Council, appointments to the SLJC Advisory Council may be ended as set out in the Legislation Act 2001.
The two union officials in question fulfill employee representative positions on the ministerial advisory bodies named above. Their capacity to fulfill their representative functions derives primarily from their official roles within the construction union. Having reviewed the decision in Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case) [2020] FCA 1070, I do not consider the termination of membership from these Ministerial advisory bodies to be warranted in this case.
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Hospitals—waiting times
Ms Stephen-Smith (in reply to a question and a supplementary question by Mr Hanson on Thursday, 30 July 2020):
1. The analysis presented would only be meaningful when the case mix and categorisations were the same between peer hospitals - something not present in that data.
A more useful measure is to compare median wait times for specific operations between peer major hospitals for orthopaedic surgery.
This data is available through the Australian Institute of Health and Welfare (AIHW) MyHospitals website for 2018-19 for orthopaedic surgery and gynaecology surgery. I am advised that the operations listed in the tables below are among the most common operations for each hospital and they are provided by way of example.
Table 1 - AIHW: Orthopaedic operations for 2018-19 Canberra Hospital against “peer” Major hospitals (AIHW definition of peer hospital type)
Operation Canberra Hospital Peer “Major” Hospital Median wait times Median wait times Total Hip Joint Surgery 29 Days 107 Days Total Knee Joint Surgery 55 Days 212 Days Shoulder Joint replacement 29 Days 28 Days Arthroscopy 54 Days 83 Days Anterior Cruciate repair 32 Days 76 Days
Table 2 - AIHW Orthopaedic operations for 2018 for 2018-19 Calvary Hospital against “peer” metropolitan hospitals (AIHW definition of peer hospital type)
Operation Calvary Hospital Peer “Metro” Hospital Median wait times Median wait times Total Hip Joint Surgery 76 Days 117 Days Total Knee Joint Surgery 64 Days 171 Days Shoulder Joint replacement 39 Days 118 Days Arthroscopy 55 Days 69 Days Anterior Cruciate repair 32 Days 76 Days
2. Again, it is impossible to observe the case mix and category distribution between ACT and peer hospitals. The appropriate comparison is median wait times for specific operations between peer major hospitals for gynaecology surgery.
This data is available through the AIHW MyHospitals website for 2018-19 for gynaecology surgery.
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Table 3 -AIHW: Gynaecology operations for 2018-19 Canberra Hospital against “peer” Major hospitals (AIHW definition of peer hospital type)
Operation Canberra Hospital Peer “Major” Hospitals Median wait times Median wait times Total Hysterectomy 28 Days 46 Days Curettage 2 Days 6 Days Loop excision of the Cervix 29 Days 45 Days Hysteroscopy 29 Days 30 Days
Table 2 AIHW Gynaecology operations for 2018 for 2018-19 Calvary Hospital against “peer” metropolitan hospitals (AIHW definition of peer hospital type)
Operation Calvary Hospital Peer “Metro” Hospitals Median wait times Median wait times Total Hysterectomy 62 Days 70 Days Curettage Not available 6 Days Loop excision of the Cervix 63 Days 40 Days Hysteroscopy 54 Days 32 Days
Waste—Hume clean-up
Mr Steel (in reply to a question and supplementary questions by Miss C Burch and Ms Lee on Thursday, 13 August 2020):
Waste Regulation first engaged with the site operators in late 2018, following the ACT Environment Protection Authority’s (EPA) initial involvement. The site was the subject of regulatory intervention throughout 2019 and, whilst some progress was made, the operator did not achieve the waste removal targets during this time.
The stockpiles onsite consist of construction and demolition waste, material which represents a significant public health concern if asbestos is present in the waste. In this instance, the waste onsite was tested by Worksafe in 2018 and no evidence of asbestos was found.
I am aware of the ongoing frustration caused by the continued presence of this stockpiled waste, particularly as this section of Hume has been developed considerably since the waste was initially stockpiled. The matter is the subject of further action under the Waste Management and Resource Recovery Act 2016. The Waste Regulation team remains in regular communication with the site operator, who has recently advised that they expect to have all waste removed from the site by the end of 2020. I can confirm that the operators intend to hire two pieces of equipment, one of which arrived onsite during the week commencing 17 August 2020. This will support processing and clearing of the waste stockpile. The Waste Regulation team also has ongoing engagement with the ACT Environment Protection Authority, and other relevant ACT Government Directorates, regarding this site.
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A range of enforcement actions have been undertaken to address compliance issues at the site. These have included the issuing of enforceable undertakings in 2019, requiring detailed monthly reporting of waste in and out of the facility, regular site inspections and current actions under legal privilege. These actions have led to the current activity on the site aiming to resolve the stockpile.
ACT NoWaste continues to monitor the site, and progress legal actions to ensure a positive resolution of the issues raised.
Roads—maintenance
Mr Steel (in reply to a question and a supplementary question by Mrs Kikkert on Thursday, 13 August 2020):
As at 25 August 2020, there are 136 reported potholes which require repair. Following extensive rainfall in the Territory, 147 potholes have been repaired within the Belconnen region during the month of August 2020.
Arts—government policy
Mr Ramsay (in reply to a supplementary question by Mr Milligan on Thursday, 13 August 2020):
The ACT Arts Policy was released in June 2015, and Ms Joy Burch MLA was the Minister for the Arts at that time. A foreword from Ms Burch is included in the document. The publication was released as a hardcopy booklet and can also be found on the artsACT website https://www.arts.act.gov.au/policy/2015-act-arts-policy in both Portable Document Format (PDF) and HyperText Markup Language (HTML) versions, to comply with ACT Government website accessibility requirements at the time.
This web page has been updated to clarify that Ms Burch was Minister for the Arts at the time of publication.
ACT Ambulance Service—staffing
Mr Gentleman (in reply to a question by Mrs Jones on Thursday, 20 August 2020):
1. The ACT Emergency Services Agency (ESA), including the ACT Ambulance Service, makes every effort to provide flexibility for its workforce. This includes supporting return to work options for all staff following any injury or illness.
A return to work following injury or illness, including PTSD, is guided by medical evidence including advice on any restrictions or requirements.
While the ESA makes all reasonable attempts to facilitate an employee’s return to work, on occasions some of the restrictions or requirements of a proposed return to work program are not operationally feasible, or there may be multiple medical conditions and/or restrictions which increases the complexity of the return. In
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these situations, attempts are made to facilitate an outcome acceptable for both parties and agreed to by the treating practitioner.
I have also asked a briefing to be arranged for Mrs Jones in relation to the policies and practices in relation to return to work for employees.
Gaming—gambling harm prevention and mitigation fund
Mr Ramsay (in reply to a question by Ms Le Couteur on Thursday, 20 August 2020):
The Gambling Harm Prevention and Mitigation Fund (the Mitigation Fund) has $2,063,463.17 as at 20 August 2020.
The ACT Gambling and Racing Commission has budgeted expenditure for 2020/21 for the amount of $1,318,000 (excl GST) from the Mitigation Fund for the following:
o the ACT Gambling Counselling and Support Service; $924,000 o Gambling Contact Officer and Club Board Member training $25,000; o ACT contribution to Gambling Help Online through the interjurisdictional Memorandum of Understanding $12,000; o ACT contribution to Gambling Research Australia through the interjurisdictional Memorandum of Understanding $6,000; o the Gamblers Exclusion Database $301,000; and o gambling harm awareness communications campaigns and associated materials $50,000.
Expenditure of $394,734 has occurred from the Mitigation Fund during the shutdown of gaming operations in response to the COVID 19 pandemic.
Housing ACT—shared equity arrangement
Ms Berry (in reply to a question and supplementary questions by Mr Parton and Mr Wall on Thursday, 20 August 2020):
Due to the commencement of the caretaker conventions, I am responding in the place of the Minister for Housing and Suburban Development. In response to Mr Parton’s and Mr Walls’ questions, I can inform the Assembly:
1. Housing ACT holds an interest in 65 properties with 15 community housing providers (65 mortgages held by the Commissioner for Social Housing). The value of the Housing ACT’s interest does not exceed $500 million.
2. No.
3. Housing ACT is currently investigating the history of these properties. Given the complexity of the arrangements established for these properties, a range of professional advice is also being sought with a view to recognising these mortgages as assets.
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Land—valuations
Ms Orr (in reply to a supplementary question by Mr Wall on Thursday, 27 August 2020):
This question falls within the Employment and Workplace Safety portfolio.
No.
Canberra Health Services—staff wages
Ms Stephen-Smith (in reply to a question and supplementary questions by Mrs Dunne and Miss C Burch on Thursday, 27 August 2020):
1) CHS has received a report from a Junior Medical Officer (JMO) raising some areas of concern that some remuneration payments may have been incorrectly paid. This report was received on 10 July 2020.
CHS is working with Shared Services payroll on investigating this matter and will be responding to the recommendations that the JMO identified in their report.
Once any identified underpayments have been calculated, they will be paid on the next available fortnight as is the standard practice when an underpayment is identified.
2) At this stage CHS is still investigating the claims made and cannot provide any detail until this process is finalised.
Land—valuations
Ms Berry (in reply to a supplementary question by Mr Parton on Thursday, 27 August 2020):
The Suburban Land Agency has not sold a single residential block of land for less than the valuation range, nominated reserve or listing price.
Answers to questions
The following questions on notice were received at the end of the Ninth Assembly:
Bushfires—financial support (Question No 3197)
Ms Lee asked the Chief Minister, upon notice, on 24 July 2020 (redirected to the Treasurer):
(1) In relation to evidence provided to the Royal Commission into National Natural Disaster Arrangements, has the ACT Government outsourced loan assessment and administration support to the Queensland Rural and Industry Development Authority; if so, why and at what cost.
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(2) Why does the ACT have no mechanism to process loan applications related to the bushfires.
(3) From whom are the loan applications being made to or by the ACT Government.
(4) Why has the ACT placed a lower priority on the development of policy, systems and capability to support loan applications.
(5) Has the Chief Minister sought advice about the liability of the Australian Government for damages to Namadgi National Park, given it was a Defence helicopter that caused the fire; if so, can the Chief Minister provide a copy of the advice; if not, why not.
(6) How will repairs and regeneration of the park proceed in the event that financial support is not forthcoming
(7) How will those repairs be funded.
(8) What is the anticipated budget for such reparations.
Mr Barr: The answer to the member’s question is as follows:
(1) Given the expected low number of applications for the scheme, and the need for dedicated systems and processes to assess risk and provide on-going management of these loans for the duration of their 10 year terms, the Government out-sourced this service to an experienced provider.
The Government has contracted the Queensland Rural and Industry Development Authority to provide expertise in the assessment and on-going management of these loans, given their long track record in delivering disaster related loans both in Queensland and on behalf of other jurisdictions including the Northern Territory and New South Wales.
The ACT Government has paid the Queensland Rural and Industry Development Authority $10,000 to establish this service. The ACT Government also pays the Queensland Rural and Industry Development Authority $5,000 per successful loan application to manage these loans for their full loan term.
As at 10 August 2020, the ACT has received three loan applications, all of which have been successful.
(2) Contracting the Queensland Rural and Industry Development Authority to carry out this function is a more cost-effective approach at this time given the number of applications involved.
(3) The concessional loans scheme is targeted at small businesses, primary producers and not-for-profit organisations that were adversely affected by the bushfires that occurred in the ACT and surrounding region in late 2019 and early 2020.
Following a request from the National Bushfire Recovery Agency, the ACT has extended the concessional loan scheme to 31 December 2020.
(4) The ACT has outsourced this service to an experienced loan provider to ensure a timely, high quality service is provided to loan applicants in a cost effective manner.
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(5) (6) (7) & (8)
A recovery plan is currently being finalised to guide rebuilding and recovery efforts. This plan will be released shortly. Funding for the first stage of the recovery plan has been detailed in the Economic and Fiscal Update presented to the Assembly on 27 August 2020. This funding is in addition to funding provided through COVID19 stimulus measures. Work is also continuing to secure significant Commonwealth contributions towards the costs of recovery and rebuilding. This is occurring through several avenues.
Government—free wi-fi (Question No 3263)
Mrs Kikkert asked the Minister for City Services, upon notice, on 14 August 2020 (redirected to the Minister for Trade, Industry and Investment):
(1) In relation to Canberra’s free public Wi-Fi network (CBRFree), when can residents expect to have access to CBRFree in the locations of the (a) Jamison Centre, (b) Kippax Fair and (c) Hawker Shops.
(2) What is the total and breakdown of costs for implementing CBRFree in each of the abovementioned locations.
(3) Are there any plans for the CBRFree network to be expanded to Charnwood Group Centre; if so, when can residents expect this network to be available in Charnwood; if not, why not.
Mr Barr: The answer to the member’s question is as follows:
(1) The remaining work on the CBRfree network will be completed in two Waves. Wave One is scheduled to be completed by the end of 2020 and Wave Two is scheduled to be completed by the end of June 2021.
Kippax Fair is included in the Wave One works and the Jamison Centre and Hawker Group Centre are included in the Wave Two works.
(2) It is not possible to precisely cost the work to extend CBRfree to Jamison Centre, Kippax Fair and Hawker Shops.
The total cost of the remaining works is $507,481. The remaining work includes the extension of CBRfree to thirteen additional group centres (including the completion of the above mentioned locations), deployment around the Gungahlin Town Centre and the Belconnen Basketball Centre, involving deployment of 37 fibred Wireless Access Points (WAPs), 39 mesh WAPs and five indoor WAPs. The download limit will also be increased to 1 Gigabyte per day as part of the remaining works and utilise the smart city aspects of CBRfree, specifically for supporting up to 30 CCTV cameras.
(3) There are currently no plans for any further extension of CBRfree. Charnwood was assessed for inclusion in the Variation 2 work program, but investigation revealed that the streetlights at the Charnwood Group Centre were not suitable for installing the CBRfree Wireless Access Points and iiNet did not have optic fibre near the Charnwood Group Centre.
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Government—lease variation revenue (Question No 3293)
Mrs Dunne asked the Treasurer, upon notice, on 28 August 2020:
(1) How much revenue has the ACT received from Lease Variation Charges under (a) Division 9.6.2, (b) Section 276E and (c) Section 276, of the Planning and Development Act 2007 for (i) 2016-17, (ii) 2017-18, (iii) 2018-19, (iv) 2019-20, (v) 2020-21 (estimate/forecast) and (vi) 2021-22 (estimate/forecast).
(2) How much revenue has the ACT received from sales of Crown leases for (a) 2016-17, (b) 2017-18, (c) 2018-19, (d) 2019-20, (e) 2020-21 (estimate/forecast) and (f) 2021-22 (estimate/forecast).
Mr Barr: The answer to the member’s question is as follows:
(1)
2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Actual Actual Actual Actual Estimate Estimate $’000 $’000 $’000 $’000 $’000 $’000 Division 9.6.2 LVC charges 69,715 64,001 43,558 39,992 41,184 45,551 received1 Section 276 LVC charges 3,020 3,129 2,711 4,328 N/A N/A received2 1 Revenue comprises the consideration paid and fees applicable for the transfer of a land rent lease to a nominal crown lease 2 All revenue raised from the application of section 276 is collected through the operation of section 276E. Section 276E is for codified LVCs. Codified LVCs are not separately estimated.
(2)
2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Actual Actual Actual Actual Estimates Estimates $’000 $’000 $’000 $’000 $’000 $’000 Revenue relating to Sales of N/A 245,298 284,574 189,149 257,886 187,316 blocks on new estates Note: The revenue above includes all forms of sales and Joint Venture sales relating to the blocks in new estates (Greenfield estates) and excluding Public Housing sales. Revenue for 2016-17 is not included as it pre-dates the establishment of the SLA.
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